Posted on 09/30/2002 9:20:19 AM PDT by alisasny
We need to maximize that backlash.
Oh don't get me wrong. I agree how the law should be read. I'm just pointing out how sill the interpretation some here (and gleefully on DU) have made.
Let's read the statute again and interpret it the way they would have it read:
"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"
If Torch quits the day after he loses an election.... did a "vacancy happen..." yup.
When is the "the general election next succeeding the happening thereof"???? - Nov 2004.
I know that isn't constitutional. But it's every bit as valid a reading of that law as the ones that say Torch quiting "cancels" this Nov's election.
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.The governor of this state may make a temporary appointment of a senator of the United States from this state whenever a vacancy shall occur by reason of any cause other than the expiration of the term; and such appointee shall serve as such senator until a special election or general election shall have been held pursuant to law and the board of state canvassers can deliver to his successor a certificate of election.
In your case of him running, getting defeated and resigning, then the resignation occurred after the election, not before and within 30 days of the election as specified in the above cited law.... Thus a replacement can be appointed for his resignation for the remainder of the unexpired 107th term which is all he was elected to serve . The Senator for the 108th which was the election the Torch lost under your senario was elected and thus takes his seat on Jan. 3, 2003.
It's clearly too late, 51 days on before the election. I don't believe that there is any way to legally substitute another candidate.
Way back last summer we asked for his resignation, and had he done it then, we wouldn't be here today.
The vacancy did not "within thirty days next preceding such election", so that part of the statue does not apply. But the first sentence sure would (if this law could ever be interpreted to cancel/overturn an election...which it cannot).
That's exactly what is going to happen. But Torie in #1672 has it just right. The attempt is so blatently obvious that the courts would almost certainly rule that it was an attemp to manipulate the election by replacing a candidate who is behind in the polls with one likely to do better.
Note to all black folks in New Jersey: If you ever had any doubt that you are considered stupid, marginal, third-rate goofballs by the people who claim to represent you, this ought to clear everything up for you. For Torricelli to trot all those morons out in front of the cameras to go to bat for him, only to have him drop out of the race a few days later . . .
Would you be offended if I changed mine to "Conservative_Diet_Dr.Pepper_Drinker"?
The governor of this state may make a temporary appointment of a senator of the United States from this state whenever a vacancy shall occur by reason of any cause other than the expiration of the term;The Torch ran lost, resigned.... Another was duly elected to take over as the NJ Senator in the 108th beginning Jan. 3, 2003. Seems the above says the Gov can't appoint beyond the expiration of the term which the 107th and Torch's current term expire on Jan. 3, 2003.
I honestly wouldn't bat an eye if Clinton made the ultimate sacrifice and moved to NJ. For the party, you know.
Can there be ANY doubt that the Dems put party above country after this last week?
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