Were the Democrats to appoint Mosquera, a staff member with Gloucester Township Mayor David R. Mayer, she would face a special election in November.
Attorney William Tambussi, who represents Mosquera and works closely with South Jersey Democrats, said the party would need to make an appointment within 35 days but that no meeting had been scheduled.
"Gabby intends to seek the vacancy," Tambussi said. "It's very disappointing the [court] majority neglected to focus on the 19,000 people who voted for Gabby in November."
Mosquera moved to the Democratic leaning-district - which includes portions of Camden and Gloucester Counties - in December 2010 and was aware of the one-year residency rule. She said she ran for the seat anyway because the state Attorney General's Office had not enforced the residency requirement since 2002, when a federal court found it violated candidates' constitutional rights.
The election of Mosquera, who lives in Gloucester Township's Blackwood section, came under scrutiny after Republican Shelley Lovett - whom Mosquera defeated handily - filed suit in Superior Court in December.
What appeared an unlikely challenge to a nearly decade-old federal court ruling was validated when Superior Court Judge George S. Leone, an appointee of Gov. Christie, declared the residency requirement constitutional and voided Mosquera's election. She was not allowed to be sworn in last month.
Lovett already has plans to run against Mosquera in November's special election, said her attorney, Matthew Wolf.
"We gave Gabriela Mosquera a civics lesson," Wolf said. "And come November, she's going to have a rematch."
