By Andrew Zwicker

Last year, New Jersey experienced the unprecedented loss of two beloved members of our Congressional delegation: Congressman Donald Payne, Jr. and Congressman Bill Pascrell.

After benefitting from a combined 35+ years of service, New Jersey was forced to say goodbye to two of its strongest advocates in Washington and begin the solemn process of restoring representation in the House to their 1.5 million former constituents.

Due to the timing of those vacancies, voters in the 9th and 10th Congressional districts chose their next representative in a matter of months. This is the system working as it should, moving quickly to fill a seat while ensuring that voters have enough time to consider the candidates.

10 months with no representation

But this year’s gubernatorial election could create a disaster that exposes the cracks in our Congressional vacancy system.

Among the crowded field of candidates jockeying to become our next governor are two sitting members of the House of Representatives. If either is successful in trading their seat in Congress for the Statehouse, that open seat might not be filled until the next scheduled general election, a full 10 calendar months after the seat is vacated.

Thousands of New Jersey families would spend almost a full year without any representation in the House. That’s a full year without a voice fighting for the money to repair roads and bridges, support public schools, or protect and expand access to healthcare.

Time to the change the rules

But it doesn’t have to be that way. We can act now to change New Jersey’s rules, shorten the time it takes to fill an open seat, and protect the voice of voters in the halls of Congress.

Every state is different when it comes to filling their vacancies. Many states set arbitrary deadlines of 80 to 90 days (South Dakota), 70 to 90 days (Colorado), or 126 to 140 days (California) after a vacancy to hold a special election. States like Utah require special primaries and special general elections be held on the same dates as regular elections. Texas law requires vacancies to be filled as soon as possible.

I have written a bill, S3282 that would directly address the potential issues with the 2025 gubernatorial election, as well as any future vacancies, by requiring a standard procedure prioritizing simplicity, efficiency, and fairness. This legislation balances the right for voters to choose their preferred representative in the House with the need to fill vacancies in a timely manner.

Here’s how it works

We can use a vacancy stemming from this year’s governor’s race as an example. Let’s assume that one of the two current members of Congress wins the governorship and a vacancy occurs in January of 2026.

Under current law, the primary for that seat would take place in June alongside every other Congressional primary in New Jersey.

With this new legislation:

• The governor would be required to trigger the process for a special election within 10 days of the vacancy, teeing up a special primary well before the June primary date.
• The winners of that special primary would go on to compete in a special general election months ahead of the current general election timeline.

The result is an efficient, standardized process for filling vacancies that allows voters to restore their representation in 4-5 months, not 10.

Remove the politics

In addition to speeding up the process, the proposal also protects voters against a future governor who might delay the process due to politics.

For example, a Republican governor might have done the opposite of what Gov. Phil Murphy did at the time of Congressman Payne’s death, choosing instead to delay the filling of a reliably Democratic district that voted 75% for Kamala Harris last November. The same could be said for a future Democratic governor handling a vacancy in New Jersey’s 2nd or 4th districts, both held firmly by Republicans.

In times of hyper-polarization, we can’t allow our right to representation in the House to be tampered with. Fortifying our system with fair, consistent rules for filling vacancies will ensure that voters will have a representative fighting for them in Congress.

With November fast approaching, it’s time to take action and do what is right for the people of New Jersey.

Calling your elected representative in the state Assembly or Senate is the most effective way to influence policy. To find your state Assemblymember and Senator to voice your position, go to the New Jersey Legislature website’s Legislative Roster.

Andrew Zwicker, a Democrat, is a New Jersey state senator, representing the 16th Legislative District and is chair of the Senate Legislative Oversight Committee.

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