New Jersey § 40a:16-3

Full text of New Jersey New Jersey Statutes § 40a:16-3, with citation guidance and answers to common questions.

§ 40a:16-3.

The office of a mayor or a member of the governing body of a municipality shall be

deemed vacant: a. Upon its being so declared by virtue of a judicial determination; b. Upon the death of the mayor or a member of a governing body; c. 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; d. Upon the refusal of the mayor or member of a governing body to qualify or serve; e. Upon a judicial determination that the mayor or member of a governing body shall

have become physically or mentally incapable of serving; f. 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; g. 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, h. Upon a determination that the office comes within the purview of R.S. 19:3-25 .

Frequently Asked Questions About New Jersey § 40a:16-3

What does New Jersey Statutes § 40a:16-3 cover?

Section 40a:16-3 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 40a:16-3?

A common citation format is "New Jersey Statutes § 40a:16-3" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 40a:16-3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.