[The Old Hoosier]

IANAL, but I don't think you're reading the statute correctly.

[scooby321]

That must be Why the Torch's Lawyers keep putting of the News

[Rodney King]

bump

[lelio]

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.

[CROSSHIGHWAYMAN]

When asked what happened to his campaign, Sen. Torricelli replied,

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

[Kaisersrsic]

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.

[Political Junkie Too]

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

[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.

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!).

[topher]

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?

[Timesink]

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.

[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?

[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.

[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.

[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).

[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).

[hispanarepublicana]

I don't seem to have the attention span this evening to parse all of the legalese or think too hard about this, but I DO KNOW one thing:
The clip from Toricelli's press conference where he says (repeatedly) that he didn't want to be responsible for Dems losing the seat, should and likely will be played repeatedly in court--it proves that he's not quitting the race and filing with the SCOTUS because of a personal hardship (ill familymember, personal illness, hell--even and affair, etc.), but entirely for the purpose of affecting the outcome of the election.

[Hillary's Lovely Legs]

Washington, D.C. - Senator Bill Frist, (R-TN), Chairman of the National Republican Senatorial Committee (NRSC), made the following statement today following Senator Robert Torricelli's (D-NJ) announcement:

The law in New Jersey is very clear: an individual may not pull his or her name from the ballot less than 51 days from the election. The National Republican Senatorial Committee will participate in any challenge to the effort by the Democratic Party to replace Senator Robert Torricelli on the general election ballot. If there were to be exceptions to the law, it is highly unlikely that fear of losing an election would be one of them.

[Young Werther]

So the Dems think that they have a right to WIN! I suppose that they would agree that a home team that is behind 1-0 in the bottom of the ninth should be allowed a rule change. Unlimited at bats/outs until they win!

Yep. Chutspah!

[ChadGore]

With the world watching, with Osama-loving-sycophants, Arafat apologists, and Abu Nidalets looking on, you would think the democrats would want to demonstrate to the world that democracy can work. That politicians in this country are willing to face the ballot box, that democracy can and should be demonstrated to work, that liberty and respect for the peoples will is not only paramount, but saught out by proud representatives who value the mandate given to them by the people instead of their own blind ambitions.

The dems reflexivly ask themselves "what would willie do?" and put on parade for the world a croked, already-been-bribed thug for the world to scandalize over while the Osama-loving-sycophants delusionaly pontificate that "democracy is dead", that "liberty is an illusion".

My utter distaine for their raw lust for power grew in 2000 with al gores delusion of grandure, was fanned by Janet Renos parade of chads this year and is sealed by toricellis utter lack of respect for liberty, democracy and a country OF, BY and FOR the people.