Replies

This is worth reposting:

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).

If the above is cited correctly, they are toast. The key is him not resigning.

If the above is cited correctly, they are toast.

On Fox they just said there is some chance that Clinton, as in Bill, could be put in there. This would explain why Torch told us he had talked to him today. This is effing scary. Tha bastard would win if he was on the ballot.

Oh help me, two clintons in the Senate. Where is the hurl alert?

If the above is cited correctly, they are toast. The key is him not resigning.

Is it possible that he double crossed those that attempted to squeeze him out? Was he suppose to resign today so the governor could appoint a replacement, but he decided to get back at them by not going?

Rush always said liberals were fun to watch when they were out of power, and he is right.

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.

I looked at this case. The court based its decision upon the intent of the voters. The winning candidate in a primary was already dead before the primary. The candidate behind him sued to get the nomination. The court held against him, because it held that the voters, knowing that the winning candidate was dead, intended to create a vacancy, so that a party committee could name a substitute. You can't make any similar case that the voters who voted for Torch in the primary intended to create a vacancy.