Laws governing recall in New Jersey
 |
| Select a state from the menu below to learn more about its laws governing recall elections. |
A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in New Jersey. New Jersey allows for the recall of state and local officials.
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Officers subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
The citizens of New Jersey are granted the authority to perform a recall election by Section 2(b) of Article I of the New Jersey Constitution, which was enacted in 1993. The recall amendment applies to all elective officers after the first year of the term for which the incumbent was elected.[2]
Local officials
Local officials in New Jersey are subject to recall under Article I, Section 2(b) of the New Jersey Constitution.[2]
Process
Prerequisites
Term length
The recall process may not begin until 50 days before the completion of the incumbent's first year of the current term in office. The section of the New Jersey Constitution that authorizes recall says: "The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress."[2]
Notice of intention
A recall committee of at least three registered voters is needed to initiate recall proceedings. The recall committee must notify the appropriate election official of the names and addresses of at least three members of the recall committee. The election official accepting the petition will then review the notice of intention for compliance with statutory provisions, calculate the cost of a special election, and notify committee members of the acceptance or rejection of the notice, within three business days. The election official also notifies the incumbent of the notice of intention of recall within five business and publishes a notice of the recall effort.
Petition
Signature requirements
Upon approval of the petition, the recall committee and other registered voters in the jurisdiction of the recall election will solicit the signatures of other registered voters in that jurisdiction. The recall effort is limited to 320 days for a Governor or 160 days for other elected officials from the date of the notice of intention. The petition requires the signatures of 25% of the registered voters in the jurisdiction, as of the last general election.
Signature verification
The election official reviewing the petition will then certify the number of signatures and determine validity within 10 days. If the petition is accepted, the election official will schedule the recall election.
Election
Ballot form
The form of the ballot is laid out in New Jersey Revised Statute 19:27A-15: "The ballot used at a recall election shall pose the following question to the voters: 'Shall (insert name of elected official sought to be recalled) be recalled from the office of (insert title of office)?' To the right of the question, the words 'Yes' and 'No' shall appear and each voter shall indicate the voter's choice of one. A recall election sample ballot, but not the actual ballot, shall contain the statement of the reasons for the recall prepared by the recall committee and the answer thereto, if any, which appeared on the petition."[3]
Vacancy
If the governor or a member of the state legislature is recalled, the seat is considered vacant and is filled "pursuant to Article V, Section I of the State Constitution in the same manner as any other vacancy occurring in that office."[3] For offices other than governor or state legislature, candidates for the office "may be nominated within nine days after the fifth business day following service of the certification of the petition by each political party in the manner prescribed in R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections. Candidates may also be nominated within that time period by petition in a manner similar to that used for direct nomination by petition for a general election. In the case of offices in nonpartisan units of government, nomination shall be by petition. An elected official who is the subject of a recall election shall be eligible to be elected as that official's own successor in the event that the election results in the official's recall."[3]
Legislation involving recall elections
The table below lists bills related to recall elections in New Jersey. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
Footnotes
- ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
- ↑ 2.0 2.1 2.2 New Jersey Constitution, "Article 1, paragraph 2, section 2b" accessed September 18, 2025
- ↑ 3.0 3.1 3.2 New Jersey Revised Statutes, "19:27A-15. Ballot used at recall election; filling of vacancy" accessed September 18, 2025
