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To: Kaisersrsic
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"

30 posted on 09/30/2002 2:20:45 PM PDT by Congressman Billybob
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To: Congressman Billybob
Congressman Billybob, did he not just concede the race? Wouldn't that make the winner the Republican candidate?

Jen
33 posted on 09/30/2002 2:43:35 PM PDT by IVote2
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To: Congressman Billybob
According to the NJ law cited the Governor would appoint someone to fill the vacancy until the next general election as provided by law- two years later. That winner would serve the 4-year reminder of the term.

There is no 17th amendment problem, as it is being done as provided by the state legislature.

Though it seems a fundamental Constitutional right-to-vote consideration should prevent this barbarity, I don't see how!

59 posted on 09/30/2002 6:08:19 PM PDT by mrsmith
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