[Peach]

And since this is the case, why doesn't the GOP try this in a few states where the election is close? And if current state law doesn't permit such sleeze, why, just change the law.

[Credo]

This is bum scoop. Elections of US Senators have to meet US Constitutional requirements. I imagine the 1st appeal would have to go to whatever Circuit Court before hitting the Supremes. If the NJSC orders anything other than allowing Lautenberg to be a write in candidate, the USSC will overturn this faster than they did SCOFLAW.

[YoungKentuckyConservative]

More lies from the media. FoxNews IS one of them. Don't be confused by there "vaguely" conservative tone. All we have left for the truth is the Internet and Talk Radio. Nothing else remains.....

[anniegetyourgun]

With all due respect to Linda, I'll wait to see if the SCOTUS will hear the case.

[The G Man]

And we should take Linda Chavez' word for this because ... ????

[Bubba_Leroy]

I see one possible federal question that could allow for US Supreme Court review, and that is the fact that ballots have already been sent to military voters overseas and some of them have already been returned. You could probably craft a federal lawsuit over the fact that the democRATs are depriving New Jersey soldiers of their right to vote. If nothing else, it will highlight what scum the democRATs are.

[glc1173@aol.com]

We the angry people of Red Nation can "appeal" any sham election of a Senator. Just make clear that the price for sham election of Lautenberg will be a Jesse Jackson-style boycott of New Jersey's vital tourism and casino industry!

Most all Atlantic City patrons can gamble at a nearby Indian or Canuck casino instead - and most all the rest flying to Atlantic City can just as cheaply fly to the Real Vegas and keep their dollars in Red Nation's economy instead.

The "John Saxon" essays - by an angry blue-collar Southerner, for Red Nation citizens like him!

[Carry_Okie]

I have my doubts that Ms. Chavez is aware of the military ballots that have already been mailed. The suits brought for ignoring that disparity would be under the 14th Amendment and the Voting Rights Act. Both are obviously Federal jurisdictions.

Precendents for the SCOTUS striking down state election laws are well established in the law. Remember that it was the SCOTUS who (in my view unconstitutionally, but then, it was the Warren Court) struck down state senate seats apportioned by counties.

[nina0113]

That's why the head of the NJGOP was talking about all the votes that have already been cast on the original ballots via absentee & military - he was setting up for another Floridian "all votes must be equal" USSC case.

And it will work, & Linda Chavez, much as I respect her, is wrong this time.

[isthisnickcool]

Where did Linda Chavez get her law degree from?

[xzins]

I tend to agree that Lauterburg getting his name on the ballot is not a matter for the Scotus. However, there is the issue of the absentee ballots involving the US Military and other Americans overseas working in federal jobs that flip this to the scotus IF there is no REAL provision made for the military.

You can't just cancel the votes made by saying "count them as they are." If the military has ONLY the choice of Torch/Forest, then so should everyone (equal protection.) If everyone else gets the REAL choice of Lauter/Forest, then so should the military AND in a timely way to have their ballots delivered and processed within the time constraints of the law.

Imho, There must be nothing: postal stamps, authentication, times, choices, etc., that can render a military ballot ineffective as a RESULT of this change from Torch to Lauter.

[The G Man]

*** UPDATE ***

Former Missouri Governor Mel Carnahan, currently deceased, has indicated that he has no intention of having his remains moved to New Jersey for purposes of succeeding Toricelli, according to various paranormal mediums and ouiji boards.

Now back to our regularly scheduled programming ...

[krodriguesdc]

pure BULL - SCOTUS has jurisdiction in cases as these and can intervene...

also on a separate note - girl friend told me an interesting tidbit of info yesterday that she had been informed from another friend that the gay media is behind the intense Islamic bashing that has been on going on TV and in the newspapers...

she added that the Saudi's are aware and that they have discussed this with G2...

evidently, the gays seeing an opportunity to bash a religion that has zero tolerance for gays decided to lambaste Islam in an effort to turn public opinion against the religion...

HMMMM...

[Oldeconomybuyer]

Last night on Fox News Channel Judge Andrew Napolitano (sp) said the exact opposite. He predicted the NJ court would rule for the democRATS and SCOTUS would overturn along the same lines as the 2000 Florida fiasco...

[b4its2late]

Yep. Heard her on Hannity yesterday. It's a state matter she says and the NY SC will write their own law, 4 to 3 from the bench. It's the only way the libs can get their agenda through. But maybe, just maybe, the NJ voters will see the BS.

[OldFriend]

Somehow I suspect this is incorrect and the US Supremes may take this case if the current election law is overturned on this basis.

[The G Man]

Can the the NJSC delay the date of the election? Or is that mandated by Federal Law? I'm thinking of how the Florida SC was able to change the dates for recounts and the like.

For example, could they order that the election be pushed back a month to allow new ballots to be printed? I could imagine them saying something to the effect that everything just needs to be done by the time the next congress begins so there will be no harm / no foul.

Heres to hoping I'm wrong (again)

[GirlShortstop]

Here's a more FR legal discussion

[krodriguesdc]

Wednesday, 2 October, 2002, 04:48 GMT 05:48 UK US court accepts Senate case

The New Jersey State Supreme Court has agreed to hear arguments from Democrat politicians who want to replace their candidate for the US Senate.

Scandal-hit Senator Robert Torricelli abruptly pulled out of the November election on Monday - after the deadline for candidates to submit their names for the ballot paper.

Mr Torricelli missed the deadline for changing candidates

His Republican opponents argue that he may not be replaced, saying ballot papers have been printed and distributed and some postal votes have already been received.

But the Democrats - who hold a one-seat majority in the US Senate - are keen to offer voters a replacement for Mr Torricelli.

The court issued an order saying it would hear the case directly instead of waiting for a lower court to act, accepting a Democratic submission which stressed the urgency of the matter.

The high court hearing is scheduled for Wednesday morning.

New candidate named

The Democrats picked a former Senator, Frank Lautenberg, to replace Mr Torricelli, who ended his campaign in an emotional speech.

Correspondents say Democrats were concerned for Mr Torricelli's re-election chances after allegations from businessman David Chang who said he gave the senator gifts in return for his intervention in business deals in North and South Korea.

The people of New Jersey have had enough of playing politics with the fundamental tenets of democracy.

Mr Torricelli - who was elected in 1996 - has denied any illegality but was admonished over the summer by the Senate ethics committee.

Mr Lautenberg, who feuded openly with Mr Torricelli who was his Senate colleague until he retired at the elections two years ago, said he was hoping to get his name on the ballot paper.

"I look forward to this campaign, in some ways rather perversely, it will be the shortest campaign I've ever been engaged in, but I sort of like the prospects," he said.

'Potential for chaos'

The Republican candidate for the Senate, Doug Forrester, said: "In 36 days, decency, fairness and the rule of the law will trump this desperate attempt to retain power.

"The people of New Jersey have had enough of playing politics with the fundamental tenets of democracy."

It's all about ensuring that the voters of this state have the opportunity to exercise a choice in a competitive race .

Democrat campaign lawyer Angelo Genova His campaign's lawyer, Bill Baroni, said the case created "a potential for chaos".

"Ballots have been printed in many counties," he said.

"Absentee ballots have been sent, and even more troubling, federal oversees military ballots have been mailed. Votes have been received."

Printing of ballots has now been halted with some analysts saying the case could end up before the US Supreme Court in circumstances reminiscent of the controversial 2000 presidential election in Florida.

'Technicality'

A lawyer for the Democratic Party in New Jersey, Angelo Genova, said the deadline for candidates pulling out was merely a technicality, adding that there was a 1952 precedent for changing names, allowed when a candidate died.

"It's all about ensuring that the voters of this state have the opportunity to exercise a choice in a competitive race," he said.

"The two-party system that affords people such a choice should not be compromised by any legal niceties or other administrative technicalities in our law."

The Democrats currently hold 50 Senate seats, with Republicans controlling 49 Senate seats and Senator Jim Jeffords of Vermont, formerly a Republican, declared as an independent.

here's the link...

[GirlShortstop]

WILL THE NJ SUPREME COURT ARGUMENTS BE TELEVISED?

NJ's public television... on the right side of the page here:

NJN Site ^