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Torch, resignation and... THE LAW
NJ Statutes | CJ Barr

Posted on 09/30/2002 12:58:59 PM PDT by FlameThrower

19:3-26.  Vacancies in United States senate;  election to fill; temporary appointment by governor
    If a vacancy shall happen in the representation of this state in the United  States senate, it shall be filled at the general election next succeeding the  happening thereof, unless such vacancy shall happen within thirty days next  preceding such election, in which case it shall be filled by election at the  second succeeding general election, unless the governor of this state shall  deem it advisable to call a special election therefor, which he is authorized  hereby to do.

    The governor of this state may make a temporary appointment of a senator of  the United States from this state whenever a vacancy shall occur by reason of  any cause other than the expiration of the term;  and such appointee shall serve as such senator until a special election or general election shall have been held pursuant to law and the board of state canvassers can deliver to his successor a certificate of election.
  ************************************

The NJ Dems cannot appoint a new candidate within 48 days of the election by State law. So the strategy will be to use the foregoing provision to accomplish the same thing. But does it work?

No.

If Torch resigns from the Senate now, more than 30 days from the election, then the election to fill the term shall be held at that general election. If he waits, then the election to fill the term shall be held two years from now.

NOTE that the election to be held is to fill the term, not to elect the a Senator for the upcoming term. The Torch's term expires in January 2003. If the Dems want to hold an election to fill the seat between the election and a month or so following, let them! The Republicans are waging an election to fill the six year term that starts in January 2003. They will be unopposed.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events; Politics/Elections; US: New Jersey
KEYWORDS: torch
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1 posted on 09/30/2002 12:58:59 PM PDT by FlameThrower
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To: FlameThrower
IANAL, but I don't think you're reading the statute correctly.
2 posted on 09/30/2002 1:01:30 PM PDT by The Old Hoosier
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To: FlameThrower
That must be Why the Torch's Lawyers keep putting of the News
3 posted on 09/30/2002 1:01:44 PM PDT by scooby321
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To: Stingray51
bump
4 posted on 09/30/2002 1:02:24 PM PDT by Rodney King
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To: FlameThrower
If Torch resigns from the Senate now, more than 30 days from the election,
He's not going to resign, he'll just not run for reelection.
5 posted on 09/30/2002 1:07:13 PM PDT by lelio
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To: Rodney King
I think this is correct, at least in the sense that a state cannot extend the six year term no matter what. Otherwise, every time a DemoncRAT candidate was sure to lose, they'd try a trick like this.
6 posted on 09/30/2002 1:09:07 PM PDT by Stingray51
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To: FlameThrower
When asked what happened to his campaign, Sen. Torricelli replied,

"I'm a victim of soicum-stances.....whoooo...whoooo....whoooo..whooo.whoooooo"

7 posted on 09/30/2002 1:09:41 PM PDT by CROSSHIGHWAYMAN
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To: FlameThrower
You suggest that the "term" is what the statute allows to be filled, rather than the "vacancy." Although, I expect the U.S. Supreme Court to agree with you in the end, I don't think that the Dems will. The word "term" does not appear in the statute.
8 posted on 09/30/2002 1:10:32 PM PDT by Kaisersrsic
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To: FlameThrower
Why must the next general election be two years from now? There are elections every year. There will be elections in 2003 for local stuff, and propositions and such. Any election will do as long as it is statewide. The term "genera" election is meant to distinguish it from a "primary" election only.

-PJ

9 posted on 09/30/2002 1:12:17 PM PDT by Political Junkie Too
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To: lelio
First, Torch will withdraw from the election. If the courts do not allow replacement on the ballot, I expect he will then choose door number two and resign.
10 posted on 09/30/2002 1:12:43 PM PDT by Kaisersrsic
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To: FlameThrower
This is completely irrelevant. Toricelli is not considering resigning from the Senate. He is considering resigning his candidacy - so that the Democratic Party can name a new candidate for the Nov. election to replace him in Jan.

And remember that the N.J. Republican Party pulled similar shenanigans 30 months ago when they substitued Franks for DiFrancesco vs. Shundler in their primary for the 2000 Gubernatorial election (yes, I googled that!).

11 posted on 09/30/2002 1:17:14 PM PDT by RossA
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To: lelio
If the Torch were to resign from the Senate, would that not have an adverse effect on his overly-generous pen$ion?
12 posted on 09/30/2002 1:18:03 PM PDT by capt. norm
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To: FlameThrower
Some of this is based who the sitting Governor is:
Democrat or Republican? That makes a lot of
difference. Is the sitting Governor a Democrat
or Republican?
13 posted on 09/30/2002 1:19:30 PM PDT by topher
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To: topher
Democrat McGreevey.
14 posted on 09/30/2002 1:20:53 PM PDT by RobFromGa
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To: Political Junkie Too
Why must the next general election be two years from now?

Federal elections are bienial.

There are elections every year. There will be elections in 2003 for local stuff, and propositions and such. Any election will do as long as it is statewide. The term "genera" election is meant to distinguish it from a "primary" election only.

The term general election is used to describe the election set by the federal legislature as opposed to a special election to fill a vacancy. When a vacancy is filled by the state (by appointment or by special election) its good until the next general election at which the people decide who gets to stay for the remainder of the term.

The senate is designed so that 1/3 of its memebers come up for election every 2 years. This is designed to keep a balance and to insulate us from a political fad. Applying the NJ law in the manner that gives the state the power to extend the rotating term beyond 6 years contradicts that balance and is unquestionably against the original intent/

15 posted on 09/30/2002 1:21:57 PM PDT by VRWC_minion
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To: FlameThrower
Writmeister has settled it. From another thread:
The United States Code mandates that the federal general elections be held on the Tuesday after the first Monday in November. 2 USC §1, 7. The United States Constitution proscribes six-year terms of office and the placement of seats in specific classes mandating the end of their terms. US Const. Art I §3(1) & (2).

The United States Supreme Court has interpreted the Times, Place and Manner clause as mandating the November general election and held that any conflicting state stautes are inoperative so far as the conflict extends. Foster v. Love, 532 US 67, 118 SC 464, 139 LE2d 369 (1997).

McGreevey cannot appoint anyone for a 6-year-and-three-month term. The election must take place as scheduled on November 5. End of story.

16 posted on 09/30/2002 1:22:29 PM PDT by Timesink
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To: RossA
Heard on Fox the deadline for that kind of maneuver would have been Sept. 16th.
17 posted on 09/30/2002 1:23:17 PM PDT by dawn53
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To: lelio
Except now they say he MAY resign now, so the governor can appoint a Democratic successor, who could then (perhaps, it's unclear) run as an incumbent. I think the fact that he's been putting off the announcement all day means 1) he didn't think it through, first, and panicked Dems are calling him frantically saying "Wait, wait!" there are unintended consequences you haven't anticipated and 2) they are trying their best to find a way AROUND the state statutes on this situation, in other words to be able to pervert the law. Junk yard dog lawyers are licking their chops. Surprise, surprise.
18 posted on 09/30/2002 1:24:29 PM PDT by 3AngelaD
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To: Kaisersrsic
A vacancy can only be for the term! Carnahan is now running for the 4 year left in her dead husband's term!
19 posted on 09/30/2002 1:24:35 PM PDT by FlameThrower
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To: RossA
This is completely irrelevant. Toricelli is not considering resigning from the Senate. He is considering resigning his candidacy - so that the Democratic Party can name a new candidate for the Nov. election to replace him in Jan.

Not according to what I see posted. If he resigns after 30 days prior then his appointment can serve for the next two years.

20 posted on 09/30/2002 1:24:42 PM PDT by cinFLA
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