I would think, though I'm not 100% certain, that they can't get away with having no election at all. See Amendment XVII:
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.I don't have a clue how this Amendment has been interpreted by the SCOTUS over the last 90 years, but you'd think it makes it clear that upon resignation, the governor can fill the position with a person in whatever fashion the New Jersey Legislature has set up, and then must order an election within a reasonable period. (And obviously, the one in November would be the most reasonable, since it's already set up and ready to go.) But it's all just vague enough that....who knows?When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
So yeah, we'd be right back in Florida again, with the RATS attempting to twist the federal and state constitutions to within an inch of their lives in order to achieve their power-mad goals. And hopefully failing again just like last time. BRING IT ON, RATS.
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 a 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.
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.Since I don't think that this has been tested, and the Senate does have final say as to who sits there (Article I, Section 5, US Constitution), so long as the RATs get and maintain a majority, they'll try.