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To: FlameThrower
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).


40 posted on 09/30/2002 4:02:27 PM PDT by copycat
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To: copycat
I posted that law in another thread. This thread deals with the possibility that the Dems would use a resignation from the Senate to get another candidate on the ballot.
49 posted on 09/30/2002 4:28:21 PM PDT by FlameThrower
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