The New Jersey Supreme Court has ruled that the City of Linden Municipal Council had no right to deny its citizens representation when it passed a resolution to keep a council seat vacant until the next general election.

According to the opinion, in November 2017, Democratic councilmember Michele Yamakaitis of was re-elected to a three-year term on the Linden Municipal Council. The following year, Yamakaitis was elected council president leaving her councilmember seat open. Upon her resignation, the Linden City clerk notified Nicholas P. Scutari, Chairman of the Linden Democratic Committee, of the procedure for filling the vacant seat.