I really don't think the Dems have a case, mostly because of Toricelli's speech. BECAUSE HE DID NOT ADMIT TO CRIMINAL WRONGDOING, and instead proclaimed he just made a few mistakes just like Bill Clinton did. The one previous precedent in NJ where the time cutoff was overridden by the courts was when a candidate died. But, because the Torch has neither been booted by the Senate nor convicted of wrongdoing, exactly what can the Dems claim as extrenuating circumstances? Nothing, other than the fact that they are losing in the polls with Toricelli.
I know the NJ Supreme Court is fairly liberal. But I simply cannot envision the faintest legal doctrine they can find to override the law. If Torch had confessed of criminal wrongdoing, they could claim he could not take the seat if elected. But they don't even have that.
. But I simply cannot envision the faintest legal doctrine they can find to override the law.
I invite you to read any court decision upholding most any gun control law.
FReegards, amigo.