Posted on 10/03/2002 9:11:34 AM PDT by vannrox
On 96.9 FM Talk Radio - Boston, MA at 07:35 PM the radio host; Jay Severin was providing his "Insider Commentary" on the New Jersery Supreme Court Opinion. During his commentary he mades some amazing statements.
This opinion, as you may recall, stated that even though the law specifically stated otherwise, and that even though the law was written for exactly this kind of event, it was invalid. They ruled that the Democrat Party can place anyone they wished on the ballot, in deference to the rule of law. That they can do this independently of time or of reason.
The net effect is that Sen. Robert Torricelli, who was losing his reelection bid for the US Senate in New Jersey dropped out of the election. In his place, the DNC then appointed a "Better" candidate; former Sen. Frank Lautenberg.
From the information provided by Jay Severin on the radio, it appears that "Insiders" are well aware of this "Fix" and that it has been thought of months ago. Apparently, use to personal reasons (health?), the former Sen. Frank Lautenberg would most likely step down one or two months into his term of office.
It is apparently planned, that by law the Governor would then have to appoint a replacement Senator. It is supposed to be Sen. Robert Torricelli, and as shocked as many who heard this is expected to be, it is anticipated that the outrage would be short lived and forgoten. Because the Senator would have six years (minus two months) for the people to forget about this event. Further, it would be unlikely that any court would rule against a Governor appointment by law, no matter how blatently corrupt.
If McGreevy appoints anyone, there is a special election in the next election, example November 2004 there would be an election to see who fills the seat for the rest of the term ending in 2008. Current example, widder Canahan has to defend her seat 2 years after being appointed.
Check New Jersey law on this. In most states the appointed senator serves only to the next general election. That would be in two years (minus two months) and would that be enough for the stink to die down?
Election laws aside I think that the whole theory is ridiculous. Oh, it wouldn't surprise me that if Lautenberg won he would step down for a replacement. But I would be amazed if it were the Torch. Where is the advantage to putting him back in? Is his popularity that great? Is he the only person in the state who thinks he is Senate material? Are you trying to tell me that every Democrat politician in New Jersey thinks Torricelli can win while they could not? Of course not. The Torch is toast. Any replacement would probably be another Democrat without the baggage, but without name enough to win in this election. An appointment would give him the chance to get the name recognition for a reelection run.
It's fun to believe that the Democrats are completely stupid, but the sad reality is that they aren't. And this scenario is as stupid as they come.
Don't bet on it. The is the land of the clueless where life revolves around television, malls, and movies.
Ok, I'll ammend that to November 2004 at the latest, could be sooner. Leave it to McGreevey to push it off as long as humanly possible.
I have changed my mind on this, and think that the GOP ought to appeal. It's a pretty obvious constitutional violation, moreso than Florida.
Here's the argument:
Article I, Section 4 of the Constitution provides: "The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof..."
The NJSC has violated the US Constitution without a doubt. The NJSC has discretion to interpret the language of the legislature's laws relating to elections. The NJSC has no discretion to rewrite the laws.
The Dems will do risky things if there's a pay-off at the end. For instance, this NJ move is undoubtedly risky, but the pay-off is they might keep a Dem seat and ultimately control of the Senate.
What would the pay-off be to put Torricelli back into his old seat instead of a relatively clean new politician?
From Marriam-Webster's Collegiate Dictionary (online):
Main Entry: def·er·ence
Pronunciation: 'de-f&-r&n(t)s, 'def-r&n(t)s
Function: noun
Date: 1660
: respect and esteem due a superior or an elder; also : affected or
ingratiating regard for another's wishes
synonym see HONOR
- in deference to : in consideration of
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