September 30, 2002 To: Senator Frist Mitch Bainwol
From: Alex N. Vogel General Counsel
Re: New Jersey – Ballot Substitution
You have asked for an analysis of New Jersey ballot statutes and regulations regarding a possible vacancy in connection with the upcoming election in New Jersey. New Jersey law explicitly provides that when a vacancy occurs among primary nominees, the state committee of a political party committee may select a replacement candidate. N.J. Stat. § 19:13-20. However, this ballot replacement is only allowed when the vacancy occurs more than 51 days prior to the election. Id. Inside of this 51 day statutory window, a replacement candidate can not be put on the ballot. The only exception ever recognized by a New Jersey court was in the case of the death of a nominee. Petition of Koegh-Dwyer, 106 N.J. Super. 567, 256 A.2d 314 (1969), affirmed 54 N.J. 523, 257 A.2d 697. It is worth noting that the time limit was raised from 34 days to 51 days in 1985. Legislative history from the original statute states that time limit was included "to afford election official sufficient time in which to attend mechanics of preparing for general election." Kilmurray v. Gilfert, 10 N.J. 435, 91 A.2d 865 (1952).
I've been trying to think of clever questions to ask the dems when they ask for an exception. How about, "What is known now that wasn't known a month ago, other than the current poll numbers?" Or: "what is to prevent any party in the future from replacing any candidate who isn't doing well in the polls?" Or: "Would you be doing this if the poll numbers favored re-election?"
Don't give the Demthugs ideas.