[deport]

LOL........ Interesting. And the beat goes on.....

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.

[IMRight]

...whenever a vacancy shall occur by reason of any cause other than the expiration of the term;

You're getting closer, but in my hypothetical, the vacancy does not occur by reason of the expiration of the term. The vacancy is created because Torch resigns a month before his term ends (he's just not feeling well).

The real answer is... even though poorly worded, this statute cannot be constued to overrule, invalidate, or otherwise cancel a regular election at the end of a term.

[Torie]

Some clever guy pointed out that though the time has been blown for the Dems to get a new name on the ballot, that does not necessarily mean that The Torch can't get himself off the ballot, and clear the way for a "clean" write in campaign. I don't the distinction flies because then a party can choose whether to keep a name on and collect votes with it anticipating a resignation, or get it off. What I predict will happen after the Dems lose their court case, it that they will NOT run a write in campaign, say vote for Torch, and Torch promises to resign, and the Gov announces who will be the successor, and the successor campaigns. Sort of Carnahan 2, except that one has to trust the Torch that he WILL resign. Will it work? I doubt it: it is too complicated and clever by half. But that is what they will do.