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To: Torie
Here is what I was referring to. It does not say the gov. can cancel an election, but I do read it to say that if a vacancy occurs within 30 days of the election, and a new guy is appointed, then he/she serves til the next succeeding general election (2004) or until a special election, if one is called. As I indicated, this seems to be vulnerable to challenge in the courts, but -- once again -- what if McGreedy appointed someone and called and election for, say, Dec. 5th? It might work since the office holder's term has not been extended.

"NJ State Law.19:3-26. Vacancies in United States senate; election to fill; temporary appointment by governor 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. "

Let me know if you read this differently. But please don't stop being arrogant. It just wouldn't be the same.

1,713 posted on 09/30/2002 4:05:08 PM PDT by San Jacinto
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To: San Jacinto
It would be the same situation as it was with the appointment to the civil rights commission. One can only serve one term, which in the Senate, it is six years.
1,723 posted on 09/30/2002 4:07:40 PM PDT by marajade
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To: San Jacinto
then he/she serves til the next succeeding general election (2004) or until a special election, if one is called.

Since Torricelli's seat is up at this election, I can't see the governor appointing someone for two years. He should be compelled to call a special election to fill the seat. If he goes for a two-year appointment, then he'll just have another special election on his hands for the remaining four years for the seat.

-PJ

1,724 posted on 09/30/2002 4:07:42 PM PDT by Political Junkie Too
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To: San Jacinto
It's referring to what happens if the senators term is scheduled to continue. For example, if the Torch was NOT up for election this year.

State law can NOT trump federal law (unfortunatley); especially with regards to elections (fortunately). The US Constitution calls for the senate to have 1/3 of its members up for election every 2 years. Not 1/3 minus one memeber and NOT determined by the states.

You're missing one piece of vital info in the law you're reading and that's what the US constitution says on the matter.

Now please post this accurate info on other threads where you see someone saying the same thing as you were. I know it's moving fast, but we must do our part to put this incorrect interpretation out.

1,752 posted on 09/30/2002 4:15:31 PM PDT by for-q-clinton
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To: San Jacinto
You are right about the law; the problem (for the RATS) is that said law directly violates the Seventeenth Amendment to the U.S. Constitution, which guarantees the public the right to elect their own Senators. And there is already SCOTUS precedence which says that special elections for Senators must be held on the next available regular election day. That day is November 5, 2002. And somebody is going to be elected Senator from New Jersey on that date.

Basically, the Constitution's pretty clear on this, and the INTENT of the authors of that Amendment is even clearer, so the RATS aren't going to get away with any games, no matter how clever they think they might be.

1,754 posted on 09/30/2002 4:16:07 PM PDT by Timesink
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To: San Jacinto
From the posted election laws, I hope I'm wrong, the Rats will go to court to try and have another Dem added to the ballot in place of Torch. The Pubbie lawyers will file suit to prevent this and I believe the Republicans will prevail.

However, by then, we are inside 30days to the election. The Dems charge the Pubbies with preventing a Dem candidate from opposing Forrester (Rep). Then Torricelli resigns from Senate and McGreevy appoints successor who will be a Democrat and an incumbent when the special election or the next regular election in six years.

I literally hate Democrats.

How far fetched am I?

1,757 posted on 09/30/2002 4:17:08 PM PDT by LaGrone
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