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.



