Kukasch v. Cote

The opinion of the court was delivered by

HAVEY, J.A.D.

The Municipal Vacancy Law, N.J.S.A. 40A:16-11 to -23, provides that if the incumbent whose office has become vacant was elected to office as the nominee of a political party, the municipal committee of the political party of which the incumbent was the nominee shall, “no later than 15 days after the occurrence of the vacancy, present to the governing body the names of three nominees for the selection of a successor to fill the vacancy.” N.J.S.A. 40A:16-11. The issue raised by this appeal is whether, when one of the three nominees submitted…