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Posted on 10/02/2002 7:28:21 AM PDT by Tumbleweed_Connection
Democratic Party lawyers will ask New Jersey's highest court on Wednesday to place former Sen. Frank Lautenberg on November's U.S. Senate election ballot in place of scandal-tainted Sen. Robert Torricelli, who quit the race after a deadline for ballot changes.
Desperate to retain the seat and their one-seat control of the U.S. Senate itself, Democrats named three-term senator Lautenberg, 78, on Tuesday night as their intended candidate to run against relatively-unknown Republican Douglas Forrester.
During oral arguments scheduled for 10 a.m. EDT (1400 GMT) in New Jersey State Supreme Court, Republican Party lawyers were expected to argue that absentee ballots have already been mailed to overseas voters whose rights would be jeopardized if the court does not uphold the Sept. 16 deadline.
"There has never been a case like this and the Democrats have at least a 50-50 chance but not much above that," said Gerald Pomper, a political science professor at Rutgers University in New Brunswick, New Jersey. "Whoever wins, there will be more legal maneuvering.
Political observers said the court would not be expected to announce a ruling for at least a few days and then there would probably be an appeal. That would further shorten a campaign that has less than five weeks to run until the Nov. 5 vote that will decide which party controls the U.S. Congress.
Some said the case could end up being decided by the U.S. Supreme Court, as did the 2000 presidential election after a prolonged ballot controversy in Florida.
Lautenberg, named to run after Torricelli abruptly withdrew on Monday, retired from the Senate at the end of 2000 after three six-year terms. Party leaders hope the political veteran will be more than a match for Forrester, who focused on ethics charges against Torricelli.
"Voters are to be given a choice. They're to be given a choice in a competitive race. And they're to be given a ballot that's not confusing to them," said Democratic Party lawyer Angelo Genova.
CAMPAIGN SANK
Torricelli, 51, who spent just one six-year term in the Senate but managed to attain party leadership rank, had been favored to win re-election until opinion polls showed his campaign sinking under a raft of corruption charges and widespread doubt about his veracity.
"This is a brazen attempt to undermine the democratic process," said Republican state chairman Joe Kyrillos, whose party has threatened to sue in federal court to stop ballot changes if the state Supreme Court rules in favor of the Democrats.
"To me, it's outrageous for Democratic state bosses to assume they can handpick a candidate," added Kyrillos, a state senator.
On Tuesday, the state high court ordered clerks in New Jersey's 21 counties to halt the printing of ballots pending oral arguments.
Under New Jersey law, a party can replace a nominee if they quit at least 51 days before the election. But Torricelli pulled out just 36 days before the election.
Democrats base their arguments for suspending the deadline on a 1952 case in which the Republican Party received a state Supreme Court waiver after a candidate died near the time of the election.
Torricelli, who was severely admonished by a Senate ethics panel this year for improperly accepting gifts from a campaign contributor, said he will complete the remainder of his term, which ends in January.
But if he were to resign from office in the aftermath of an unfavorable state Supreme Court decision, Democrats say Gov. Jim McGreevey could appoint a successor and postpone the election for the New Jersey senate seat until November 2003.
Even then, Republicans would likely go to federal court to challenge the governor's ability to extend the term of a federal elective office.
This argument is so specious!! Unlike a dead man, there is no legitimate reason why Toricelli cannot run other than the thinks (knows) he can't win. If that is the Dems argument, then the late Patsy Mink ought to be removed from the ballot. You can't have it both ways!
Of course, Clinton could arrange an "Arkancide" for the Torch!
This is clearly and blatantly an unconstitutional manuever. It directly contradicts the US Constitution that states that the term for a Senator is six years. While the chief executive of NJ could appoint someone to fufill the remainder of Torrecelli's term under the US Constitution if Torrecelli were to resign, the scheduled election must proceed. Any such attempt by the Democrats would be a canceling of elections and should be treated as an attempted coup d'etat.
Stay well - Stay safe - Stay armed - yorktown
This obviously discriminates against the color blind. It would be funny if they were not seriously trying to subvert our nation and hold on to power at any price.
Stay well - stay safe - Stay armed - Yorktown
Oh, really? I've voted countless times where there was only one candidate for the position (running unopposed). What is Angelo "The Tuna" Genova trying to say here?
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