A Superior Court judge has moved up a hearing on the removal of incarcerated Willingboro Councilman Nat Anderson, potentially preserving voters’ ability to choose his replacement in a special election this November.
Judge Richard Nocella rescheduled the order-to-show-cause hearing from September 11 to August 18 — one week before the August 25 deadline for a vacancy to occur in time for Anderson’s seat to appear on the November 3 ballot.
The earlier date gives Nocella an opportunity to remove Anderson before the deadline, although the judge would still need to issue an order promptly following the hearing.
Anderson is serving a 366-day sentence at the Federal Correctional Institution at Fort Dix after his conviction on federal mortgage fraud charges. He has refused to resign and continues to receive his municipal salary and pension credits.
The Burlington County Prosecutor’s Office filed an action on July 30 asking the court to declare that Anderson automatically forfeited his council seat when a federal jury convicted him on January 27.
State law says an order of forfeiture “shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty to the offense.”
Prosecutors contend Anderson’s convictions for conspiracy to commit wire fraud affecting a financial institution, bank fraud and making false statements on mortgage applications constitute crimes of dishonesty equivalent to at least third-degree offenses under New Jersey law.
“Forfeiture is mandatory,” Assistant Burlington County Prosecutor Matthew Lynch said in the state’s filing.
The prosecutor’s office is seeking an order making Anderson’s removal retroactive to the date of his conviction and barring him from exercising the powers of his office or receiving compensation connected to it.
If Nocella declares the seat vacant by August 25, the Willingboro Democratic County Committee could select a candidate for the November special election. Republicans would also be permitted to name a nominee, and independent candidates could file nominating petitions.
A vacancy occurring after the deadline would push the special election to November 2027.
Democrats would choose Anderson’s interim replacement regardless of when the vacancy occurs. The municipal Democratic committee would have 15 days to submit three nominees, and the remaining four council members would have 30 days from the vacancy to appoint one of them. If the council failed to act, the Democratic committee could make the appointment itself.
Anderson’s projected release date is May 5, 2027, according to the Federal Bureau of Prisons. Because the state is not seeking to permanently disqualify him from public office, he could potentially run again after leaving prison.
Anderson, 58, has served on the council since 2009 and has been mayor and deputy mayor. He won another four-year term in 2025 without opposition in either the Democratic primary or general election.
U.S. District Court Judge Robert Kirsch sentenced Anderson on June 1 to one year and one day in prison, followed by three years of supervised release, and ordered him to pay $221,862 in restitution. Anderson’s attorney has said he plans to appeal the conviction.