{"data":{"id":"us-nj/n.j.-stat.-40a-16-3","jurisdiction":"us-nj","citation":"N.J. Stat. § 40A:16-3","heading":"When office deemed vacant","body":"The office of a mayor or a member of the governing body of a municipality shall be deemed vacant:\na.  Upon its being so declared by virtue of a judicial determination;\nb.  Upon the death of the mayor or a member of a governing body;\nc.  Upon a determination of the other members of the governing body that the  mayor or a member of a governing body no longer resides within the corporate  limits of a municipality or ward from which he was elected;\nd.  Upon the refusal of the mayor or member of a governing body to qualify or serve;\ne.  Upon a judicial determination that the mayor or member of a governing body shall have become physically or mentally incapable of serving;\nf.  Upon the filing of a written resignation with the municipal clerk by the  mayor or a member of the governing body, except a resignation filed following  the filing of a recall petition;\ng.  Whenever the mayor, when required by law to attend meetings of the governing body, or a member of the governing body, fails to attend and participate in any meetings of the governing body for a period of 8 consecutive  weeks without being excused from attendance by a majority of the members of the  governing body, at the conclusion of such period; provided, however, that the  governing body may refuse to excuse only with respect to those failure to  attend and participate which are not due to legitimate illness;  or,\nh.  Upon a determination that the office comes within the purview of R.S. 19:3-25.\nL.1979, c. 83, s. 1, eff. April 26, 1979.","path":["TITLE 40A MUNICIPALITIES AND COUNTIES"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"8da32a276e8a86bd3ce204088040651d08c30d80d1a500f7bc947f25b3bf88e9","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-40a-16-2","next":"us-nj/n.j.-stat.-40a-16-4"},"notice":"GroundRules: Original legal text. Not legal advice."}