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Dan Benson at the 2023 Mercer County Democratic convention. (Photo: Joey Fox for the New Jersey Globe).

Benson’s Assembly seat will be vacant for eight days

Legislature will drop to 79 members on January 1

By David Wildstein, November 27 2023 6:56 pm

The population of the New Jersey State Assembly will drop to 79 on January 1 when Dan Benson (D-Hamilton) resigns to become the Mercer County Executive, leaving Democrats with one less

Benson’s Assembly seat will remain vacant for eight days until the current session of the legislature ends.  Assemblywoman-elect Tennille McCoy (D-Hamilton), who won Benson’s open seat earlier this month, takes office on January 9.

Democrats will spend their final week of the legislature’s lame-duck session with 45 members, four more than needed to pass a bill.

New Jersey law requires a seven-day waiting period before a political party organization may hold a special election to fill a vacancy.

That law is fungible.

After State Sen. Dana Redd (D-Camden) resigned to become mayor of Camden on January 5, 2010, Camden County Democrats met that evening to elect Assemblyman Donald Norcross (D-Camden) to replace her.  Norcross was sworn into the Assembly on January 12 and resigned one week later to take his Senate seat.  Whip Wilson (D-Camden), who was elected to replace Norcross on January 5, took his Assembly seat on January 12.

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