[IMRight]

Then Forrester wins and becomes the Senator from NJ on Jan. 3, 2003

Not if that reading of the law is correct! Apply the law the same way we've seen here.

Is Torch Senator? Yes
Does a vacancy occur during his term? Yes

Is it too late to schedule a special election before election day? Yes
Can the Gov appoint someone and name the election day as Nov 2004? Yes! (by that tortured reading).

Apply only the statute as has been argued here and tell me why it wouldn't happen?

[Howlin]

I can't believe that ANY court would buy the argument the Democrats are going to have to make to explain WHY there is a vacancy.

"Because he was losing and we want to win." There's NO legal precedent for that.

[CharacterCounts]

Can the Gov appoint someone and name the election day as Nov 2004? Yes! (by that tortured reading).

I don't agree. If a special election were called, Any citizen who qualifies to run would be eleigible to run. Since the deadline for getting on the ballot has passed (48 days) the governor could not call a special election that soon.

[Torie]

Yup, all of the above could happen, and the Dem would serve until Jan 3, 2003, at which time his term would expire, and he would be replaces by Forrester, who won the other election for the term commencing Jan 3, 2002, in which the vote against him was split between The Torch, who was still on the ballot, Bruce Spingsteen (ow whomever), who was a write in, and some ersatz Dem who was really a GOP ringer, who also ran a write in compaign campaigning on left wing issues, and got a few more votes.

[deport]

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.

[Congressman Billybob]

Dammit! I'm tired of knocking down this argument based solely on New Jersey law. The Constitution trumps NJ law. Therefore, if NJ tries to extend the six-year term that Torricelli now has, NJ loses. Why? Because the Constitution specifies both a six year term for Senators and an election in New Jersey (because Torricelli's six years are almost up) on November 5th.

End of discussion. NJ can no more change the provisions of the US Constitution than it can pass a law and keep the sun from coming up until noon. Is that clear now?

Congressman Billybob

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