Torch, resignation and... THE LAW

NJ Statutes | CJ Barr

[On the Road to Serfdom]

If he resigns after 30 days prior then his appointment can serve for the next two years.

Not true. Others explained it on this thread.

[lstanle]

"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. "

According to Fox news he is considering resigning. But his replacemanet could only serve until the end of Torches term.

What about this??? Torch announces that he considered resigning and not running, however, he has realized that this would be the cowards way. He has decided to run and pleads with the N.J. voters to reelect him and clear his name which has been besmerched by his evil republican opponent. Then he states that if he is elected, it will exonerate him completly and he will resign as soon as he is sworn in for his next term... The N.J. voters can vote for Torch knowing it will be a vote for someone that will be appointed by the democrat governor of N.J. Kinda like voting for a dead man but really voting for his wife.

[Mo1]

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[07055]

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.

I think you are correct. He won't resign unless he has to--but he will resign if he must.

[07055]

What about this??? Torch announces that he considered resigning and not running, however, he has realized that this would be the cowards way. He has decided to run and pleads with the N.J. voters to reelect him and clear his name which has been besmerched by his evil republican opponent. Then he states that if he is elected, it will exonerate him completly and he will resign as soon as he is sworn in for his next term... The N.J. voters can vote for Torch knowing it will be a vote for someone that will be appointed by the democrat governor of N.J. Kinda like voting for a dead man but really voting for his wife.

Even New Jersey Democrats are not dumb enough to fall for this. ;-) The Torch's "word" is not worth a whole lot right now.

[topher]

I was afraid you would say that.

McGreevey is a Catholic who tossed a Catholic priest out of a Catholic school on St Patrick's Day (during his bid for Governor).

And when I say the Catholic priest was tossed from the building, he was forcibly "pushed out".

[FryingPan101]

That would be a sin.

[Sgt_Schultze]

The Republicans would surely not allow any vote to seat a temporary candidate to take place until after the election - so the dem wouldn't be an incumbent senator against an outside Republican candidate.

[Bubba_Leroy]

So what? Who cares what the law says? Laws are for the little people.

Can any New Jersey Freepers tell us whether the New Jersey Supreme Court is packed with democRATs who will pull a Florida Supreme Court and ignore the law?

[Congressman Billybob]

State law cannot trump the US Constitution. The Constitution is "the supreme Law" as it says in its text. Per the Constitution, a Governor of any state can appoint someone to take the position of a deceased, resigned, jailed, Senator, but not to exceed two years, when there must be another election.

But this applies only to the extent that the Senator who goes back to the Mother Ship by whatever means has time left on his, her term. Torricelli's term is almost up.

The only route to get someone other than Torricelli on the ballot now to replace him as a candidate, will be a New Jersey court decision that violates NJ law. However, there are plenty of hard-wired Democrat judges in NJ. So I think the Forrester Campaign has to prepare for exactly that possibility.

Assuming a "new" Democrat gets on the ballot, he/she can be charged with "cheating" from the get-go, because of the manner of getting on the ballot. After all, the charges against Robert ("the Public Official") Torricelli have been around for years. If the Democrats did not want the legal consequences of his last-minute resignation as a candidate, they should not have supported him so whole-heartly up until Sunday night.

My column this week is SQUARELY on point, "Death as a Political Strategy." Use the third link below.

Congressman Billybob

Click for "Til Death Do Us Part."

Click for "to Restore Trust in America"

Click for "Death as a Political Strategy"

[uncbob]

If the election is podtponed can the GOP sue to recover funds spent on campaigning to date ???????

[FlameThrower]

Let's say the Dems appoint Congressman X to fill the unexpired term of the Torch. This person would have to stand for election in November -- for the two month term!. so the Republicans oppose him and win. the senate would change hands in November! They'd have been better off with the Torch.

[IVote2]

Congressman Billybob, did he not just concede the race? Wouldn't that make the winner the Republican candidate?

Jen

[unixfox]

This could be a great time for an independent to step in. Maybe a write in candidate. I dunno, the law looks a little vague to me on this one, and that's what the RATS want.

[cinFLA]

Not true. Others explained it on this thread.

I believe Napolitano more.

[cinFLA]

From the first line of this thread:

"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."

[fightinJAG]

I agree with you---"term" should not be confused with "vacancy."

Just because Torch is off the ballot does not mean there is, yet, a vacancy. He has not resigned from the Senate. Basically, his former opponent is running unopposed at the moment.

Although if you can vote for a dead man, I suppose you could vote for a man who's not running.

[Petronski]

I have not researched the following, but found it on the live thread on this topic.

Here is an email from the NRSC General Counsel:

September 30, 2002 To: Senator Frist, Mitch Bainwol

From: Alex N. Vogel General Counsel

Re: New Jersey – Ballot Substitution

You have asked for an analysis of New Jersey ballot statutes and regulations regarding a possible vacancy in connection with the upcoming election in New Jersey. New Jersey law explicitly provides that when a vacancy occurs among primary nominees, the state committee of a political party committee may select a replacement candidate. N.J. Stat. § 19:13-20. However, this ballot replacement is only allowed when the vacancy occurs more than 51 days prior to the election. Id. Inside of this 51 day statutory window, a replacement candidate can not be put on the ballot. The only exception ever recognized by a New Jersey court was in the case of the death of a nominee. Petition of Koegh-Dwyer, 106 N.J. Super. 567, 256 A.2d 314 (1969), affirmed 54 N.J. 523, 257 A.2d 697. It is worth noting that the time limit was raised from 34 days to 51 days in 1985. Legislative history from the original statute states that time limit was included "to afford election official sufficient time in which to attend mechanics of preparing for general election." Kilmurray v. Gilfert, 10 N.J. 435, 91 A.2d 865 (1952).

[CA Conservative]

Okay, this is rather confusing, but here is what I can discern from all of these threads...

If the Torch had another 4 years to serve on his term, and resigned, the governor could appoint a replacement to serve in his stead. At the next general election, candidates would run to fill the unexpired term of office. If the resignation took place within 30 days of the next general election, the appointee would fill the post until the next general election (which may be a year or two years... it has to be a statewide election.)

In this example, if the Torch still had 4 years to serve, and resigned today, the governor would appoint someone to serve until the end of this year, and the election would proceed as scheduled, with the new senator on the ballot, presumably. The winner of the election would serve the remaining 4 years. If he waited for two weeks before resigning, then the appointee would serve for a year or two before the position was up for election. THe winner of that election would then serve the remaining two years of the term.

The key factor here is that the Torch's term expires in January. The governor CANNOT appoint someone to serve into the next term... he doesn't have the authority. That is not an issue of NJ state law, it is a matter of the US Constitution... Senate terms cannot exceed 6 years. So there MUST be an election November 5th to determine the person who will serve the next term as NJ Senator. The only question is who the candidate will be.

[copycat]

Wrong Law. This law concerns vacancies IN THE SENATE. The law you want is this...

Memorandum from the National Republican Senatorial Committee General Counsel.

From: Alex N. Vogel, General Counsel
Re: New Jersey – Ballot Substitution

You have asked for an analysis of New Jersey ballot statutes and regulations regarding a possible vacancy in connection with the upcoming election in New Jersey. New Jersey law explicitly provides that when a vacancy occurs among primary nominees, the state committee of a political party committee may select a replacement candidate. N.J. Stat. § 19:13-20. However, this ballot replacement is only allowed when the vacancy occurs more than 51 days prior to the election. Id. Inside of this 51 day statutory window, a replacement candidate can not be put on the ballot. The only exception ever recognized by a New Jersey court was in the case of the death of a nominee. Petition of Koegh-Dwyer, 106 N.J. Super. 567, 256 A.2d 314 (1969), affirmed 54 N.J. 523, 257 A.2d 697. It is worth noting that the time limit was raised from 34 days to 51 days in 1985. Legislative history from the original statute states that time limit was included "to afford election official sufficient time in which to attend mechanics of preparing for general election." Kilmurray v. Gilfert, 10 N.J. 435, 91 A.2d 865 (1952).