"snip"
Reps. Frank Pallone and Robert Menendez, two House members who have long had ambitions for a promotion to the Senate, are among the names being discussed to take Torricelli's place as the Democratic candidate. Another name being floated is that of former Sen. Frank Lautenberg, a Democrat who retired in 2001 after several years of icy relations with Torricelli.
Under New Jersey law, a political party can replace a statewide nominee on the ballot if the person drops out at least 48 days before the election. But only 36 days remain until the Nov. 5 election, meaning Democrats would have to seek approval from the state attorney general. That would likely result in a court challenge from Republicans.
Under state law, if the candidate resigns his office or dies with more than 30 days to the election, the governor can appoint a new candidate. If it happens with less than 30 days before the election, the race can be canceled and the governor can set a new date for a special election.
Mesmells a rat.
NO KIDDING. I cannot believe the Dems will stoop this low. Wait, check that...I can believe it but man, it stinks to high heaven.
The case would be a slam dunk too. Consider if the Supremes allowed it. In such a case, a state could enact a law just like New Jersey's. Then as long as that party kept control of the governorship, they would never have to put the seat up for election- each time the special election would be coming up, the "incumbent" could resign within 30 days of the electin, allowing the governor to cancel the election and appoint a new incumbent. When the next general election would come up, that new incumbent could resign, allowing the governor to cancel the election and appoint a new incumbent. And so on, as long as they maintained control of the governorship.
If the Dems try that gambit, I would bet a lot of money Scalia, Rhenquist, O'Connor, Thomas and Kennedy at a minimum would strike that law down.