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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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To: FlameThrower
If this goes to court, I would hate to be the Dem counsel trying to argue that the nominated incumbent decided not to run because the polls told him he was losing!! I doubt this would be an issue if he were 14 points up on Forrester, so the reasons for quitting are specious. It would seem to me that in accepting a nomination, you are pledging to the people that voted for you and your party that you will see the election through, win or lose.

Of course, we are talking about a Democrat, and especially corrupt one at that, so what does a pledge mean anyway? The Dems just get more loathsome every election.

61 posted on 09/30/2002 6:45:20 PM PDT by SpinyNorman
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To: mrsmith
The New Jersey Supreme Court has a 4-3 Democratic majority. Think they can't come up with a cockamamie theory to ignore plainly written law?
62 posted on 09/30/2002 6:54:41 PM PDT by RecallJeffords
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To: Don'tMessWithTexas
THERE IS WAY TOO MUCH NONSENSE GOIN ON!

After sifting through various threads, the following conclusions seem pretty clear to me:

Torricelli's name cannot be removed from or replaced on the ballot. It is past the 51-day deadline, and some military ballots have already been printed and sent out. Any attempt to circumvent this hard deadline will absolutely be swatted down in court.

It is irrelevant whether or not Torricelli resigns. There are all kinds of legal reasons that require the Senatorial election to proceed in November, and the winner of that election to become Senator for the next six years. All the hysteria about postponed elections or special elections is bullsh!t; it can't happen. If Torricelli resigns, the governor would merely appoint another Democrat to fill out the remainder of the current term till January -- that is it.

A write-in campaign is possible. With a high-profile candidate (like Bill Clinton?) and the incredible amount of publicity thereby generated, there is a slight chance of it succeeding. But not much of a chance, since the Torch's name would remain on the ballot, and too many Democrats would still vote for him. Write-in campaigns are incredibly difficult and expensive.

The Torch could promise to resign if re-elected, so a designated replacement Democrat could be appointed. He'd have to convince people that he could be trusted to keep his word about resigning. This is probably the Democrat's best hope, but it is pretty weak.

The Torch could try to regain momentum. After the courts rule that his name must remain on the ballot, he'll tell the voters that he tried to do the right thing and sacrifice himself for the good of the nation, but the evil Republicans prevented it. So he has no choice but to fight on, and the voters should refocus on the larger issue (Democrat control of the Senate) and come home to re-elect him. This is the most likely scenario, since none of the others work very well, but I doubt it will turn around his poll numbers.

Bottom line: The Torch is toast, and the Republicans pick up a Senate seat.

63 posted on 09/30/2002 7:01:44 PM PDT by dpwiener
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To: RossA
Isn't there a more considerable consequence for an election, rather than a primary?
64 posted on 09/30/2002 7:08:47 PM PDT by JENINMO
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To: RossA
It's a lot harder to scam a general election, and primary election law is a bit different. The GOP wont let the Democrats break the law here.
65 posted on 09/30/2002 7:38:10 PM PDT by WOSG
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To: goldstategop
Let's face it, the Democrats should have nominated a replacement back when they held their primary and this mess is entirely of their own making.

Right! But Torch ran because he thought he could get away with this --- just like BJ Clinton. Demon-crats have a habit of making messes out of their own ethical problems and malfeasance. When will they learn???

66 posted on 09/30/2002 7:42:50 PM PDT by WOSG
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To: dpwiener
Well said ... AGREE!

Forrester needs to campaign TWICE AS HARD now, and get out a POSITIVE message to innoculate against any shenanigans like a write-in or gaming the ballot... If the Dems see they cant knock him off, they'll give up the ghost on this.

"He's Dead, Jim"


67 posted on 09/30/2002 7:47:48 PM PDT by WOSG
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