Judge’s delay denies Willingboro voters chance to replace jailed councilman this year

A judge’s decision to wait five weeks before considering the removal of an incarcerated Willingboro councilman means voters will not get the chance to choose his replacement this year — and could leave open a path for him to seek his old seat soon after leaving federal prison.

Superior Court Judge Richard Nocella has scheduled an order-to-show-cause hearing for September 11 in a case seeking the removal of Councilman Nat Anderson, who is serving a 366-day sentence at the Federal Correctional Institution at Fort Dix following his conviction on federal mortgage fraud charges.

For Nocella, the move ought to be automatic, since state law is explicit: 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.”

But the statutory deadline for a vacancy to occur in time for Anderson’s seat to appear on the November 3 special election ballot is August 25.

Unless Nocella accelerates the case and issues a ruling before then, any vacancy would occur too late for Willingboro voters to fill the remaining three years of Anderson’s term this fall.

The Burlington County Prosecutor’s Office filed its 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.

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 and are 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 any compensation connected to it.

In the meantime, Anderson continues to receive his municipal salary.

Under New Jersey’s Municipal Vacancy Law, a council vacancy must be filled at the next general election held at least 60 days after it occurs. Election law also provides a narrow period for political parties to select candidates and for independents to file nominating petitions.

Had Anderson been removed by August 25, the Willingboro Democratic County Committee could have selected a candidate for the special election. Republicans would have been permitted to name a nominee, and independent candidates could have filed to run.

A removal after that date would push the election to November 2027.

In the meantime, Democrats would control the selection of an interim council member.  The municipal Democratic committee would have 15 days to submit three nominees to the governing body, 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 would gain the authority to make the appointment itself.

Anderson’s projected release date is May 5, 2027, according to the Federal Bureau of Prisons.  That would allow him to return to Willingboro before next year’s primary election and potentially seek the Democratic nomination in a special election for the seat from which prosecutors are now attempting to remove him.

The state is not seeking to permanently bar Anderson from holding public office.  Permanent disqualification generally applies when a crime involves or touches an official’s public position; Anderson’s convictions arose from a private real estate transaction.

Anderson, 58, has served on the council since 2009 and has also served as mayor and deputy mayor.  He won a new four-year term in 2025 after facing no opposition in either the Democratic primary or the general election.  His term runs through December 31, 2029.

A federal jury convicted Anderson of participating in a scheme to fraudulently discharge a mortgage through a short sale of a Willingboro property.  Federal prosecutors said Anderson and a co-conspirator used false documents and misrepresented the relationship between the buyer and seller, causing losses of more than $200,000.

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 has refused to resign, and his attorney has said he plans to appeal his conviction.