Torricelli News Conference 5 pm EST LIVE THREAD

[Carolinamom]

Torocelli's saying that he would drop out IF a replacement could be found leaves him wiggle room if none is found, AND the continuing delays in the press announcement might be because no one has accepted OR the Torch is stonewalling.

[SternTrek]

The release of the Chang memo is what pushed him over the edge. There will be no criminal or civil charges filed.

[LisaFab]

They are trying to get around the 48-day rule, which is NJ state law. The SCOTUS was asked by the Bush campaign to uphold Florida state law and they took the case. Even thought only New Jersians will vote it is a national case as a senator is a representative of the federal government.

[aristeides]

The DNC would obviously support such a move, since it increases their chances from zero to something close to even (depending on the replacement).

So why didn't they force Torch out before the deadline had passed?

[Miss Marple]

They didn't force Torch out because they are arrogant, and because they didn't count on that memo being released. Nor did they count on that 7-11 video tape.

Hoist on their own petard!

[Williams]

Yes. NJ really has one of the best judicial systems in the nation, and by tradition governors always appoint 1/2 dems and 1/2 repubs (the party in power gets the swing seat). But with a recent vacancy McGreevy violated this decades old rule and puta dem in a republican seat. But even the republicans on the court are liberal, although NOT necessarily dishonest.

[r9etb]

OR the Torch is stonewalling.

This whole campaign has shown how self-centered Torch really is. That "suitable candidate" makes it sound like he's against whoever they want. According to an earlier post, Torch doesn't like Lautenberg, who's been touted as "the replacement." That part certainly fits in with what we know of Toricelli's MO.

So maybe Torch is holding out for somebody else -- which explains Bradley's alleged silence on the matter. Who would want to be Torch's "anointed candidate?"

[aristeides]

Is there any need for the SCOTUS to get involved in this? Can't the Third Circuit decide?

[mwl1]

RATS are playing a dangerous game, and threatening to nationalize the election with these antics. Call every RAT officeholder you know and raise Hell. Capitol Hill switchboard is 202-224-3121.

[VRWC_minion]

Then the (democrat) governor gets to APPOINT a (democratic) fill-in (since the WITHDRAWAL is within 30 days of the election) ... who gets to STAY in the office until the next general election.... .... which is two years from Nov 5, of course.

Reread the statute. The Gov doesn't have power to appoint when the vacancy is due to the term expiring. This election is for electing a senator for the new term beginning 1/03. The 30 day rule is so that a general election would not have to take place if a vacancy occurred just before a general election where the office was not originally on the ballot. It makes practical sense in that case.

[r9etb]

So why didn't they force Torch out before the deadline had passed?

Torch had to agree to withdraw. And if you look at all of the stuff that preceded this, he wouldn't pull out unless they really had something on him. Perhaps it was last week's memo, coupled with a long delay for facts to penetrate his ego -- plus a long weekend's worth of negotiations.

[GraniteStateConservative]

States are given wide authority in running elections. It will be harder for the SCOTUS to get involved if the only issue is replacing Torch's name with someone elses than it was in 2000. This isn't about how they count votes.

[VRWC_minion]

See Carnahan's example: She didn't get elected, she got appointed to the Senate AFTER her husband "lost" the election by being VOTED IN as a dead man. (Ashcroft failed to fight....and was tossed out out.)

Big difference. Carnahan was appointed to an unexpired term that began 1/2000. The original election took place and was not stopped.

[Dianna]

They didn't force Torch out because they are arrogant, and because they didn't count on that memo being released. Nor did they count on that 7-11 video tape.

I didn't see the video tape, what's that about?

[DmBarch]

See, watch for Toricelli waiting until it is within 30 days of the election to ACTUALLY RESIGN ... "Announcements" to resign don't count as a "resignation." Then the (democrat) governor gets to APPOINT a (democratic) fill-in (since the WITHDRAWAL is within 30 days of the election) ... who gets to STAY in the office until the next general election.... .... which is two years from Nov 5, of course.

NJ Statewide elections are every two ODD years, or 2003. I don't think the Dem Gov can appoint ANYONE to more than Torch's term without the Senate accepting, So the GOP needs to win the other Senate races...

[LisaFab]

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).

[Miss Marple]

Chang said that Torricelli followed him into a 7-11, accompanied by thugs. Chang hid until they left.

The 7-11 video tape was found, and aired over the weekend. Sure enough, there was the Torch with some enforcers (aka waste company employees).

[VRWC_minion]

It will be harder for the SCOTUS to get involved if the only issue is replacing Torch's name with someone elses than it was in 2000

If they change the rules during the election then it would be challenged under the same reasons FL was.

[Dianna]

It will be harder for the SCOTUS to get involved if the only issue is replacing Torch's name with someone elses than it was in 2000. This isn't about how they count votes.

But not if they violate their own election law to do it. The law seems clear that the deadline to run someone else has passed.

We could get SCOTUS involved to make them follow their own law (ie Fla Supremes ignoring the deadline for votes to be certified.)

[LisaFab]

Re my #656, superior lawyers are now at work and YES I do see this going to SCOTUS if the SCONJ drops the ball.