In New Jersey Senate Race, Another Day Spent in Court

Mr. Genova also uncovered a legal memorandum from Mr. Forrester's lawyer written in April, when State Senator Diane Allen, one of Mr. Forrester's opponents in the Republican primary, was trying to block him from taking the ballot position of James W. Treffinger. Mr. Treffinger, the Essex County executive, had resigned from the race because of scandal three days earlier, or 40 days before the primary.

Senator Allen maintained that moving Mr. Forrester's name to Mr. Treffinger's place on the ballot would come too late under Title 19 of the state election law, which sets a deadline of 51 days before an election for ballot substitutions. It is the same argument that Mr. Forrester's lawyer, Peter G. Sheridan, made before the State Supreme Court on Wednesday, opposing Mr. Lautenberg's placement on the ballot. The Democrats said that the deadline was merely a guideline.

"Strict compliance to statutory requirements and deadlines within Title 19," Mr. Sheridan wrote, "are set aside where such rights may be accommodated without significantly impinging upon the election process."

Mr. Genova said the Forrester campaign was trying to have it both ways. But Mr. Sheridan said today that the two situations were not analogous because "no primary ballots had been issued" in April.

I'm not from New Jersey, but it sounds like there were several Republicans competing in the primary, whose names would be listed on the ballot in some order based on election law. When one withdrew, Forrester wanted his name moved on the ballot to that fellow's position, presumably a preferable location. The closer your name appears on the top of the ballot listing, the better, I would assume.

Since the candidate (Forrester) was already competing in the primary, this is a completely different situation from substituting an entirely new candidate's name on the ballot.

I am from New Jersey, and each county GOP (and Dem) organization determines who, if anyone will be on the "organization line" - first - on the Primary ballot.

The idea is that if a local Republican voter sees their local state senate, assembly, freeholder, mayoral and council candidates on the same line as someone that they don't know on a higher line - e.g. Senate, that is an assumed endorsement, and they will pull the lever for that candidate.

Worse for some candidates without a full slate running with them - they can be pushed to a part of the ballot where their name may not be seen.

Treffinger had most of the Organization lines and when he abandoned his race,that vacated space was valuable real estate.

It was a good campaign tactic. I have not read the briefs yet, but there are distinguishing points. I believe the case was decided on April 26, 2002, about 8 days after the FBI raided Treffinger's office. The election was June 4, 39 to 47 days after various counties acted.

One clear distinction is that Forrester was already on every ballot. The only question was ballot position.

What I would like to see discussed is the provision (although I am not an attorney) in the New Jersey law that provides for removal of a name of a successful primary candidate up to 10 days prior to the election or in the alternative, awarding the nomination to the second highest vote getter when a previously nominated (by petition) candidate's nomination is null and void (as it would be by providing notice of no intent to serve.) There no doubt were write-in voted legally made in the primary election for the Democratic US Senate seat. Would that candiadte not be entitled to the nomination?

19:3-10. Name not printed on ballot; next highest name printed

If it shall be determined in a manner hereinafter provided, that the nomination for an office of a successful candidate at any primary election is null and void, and if such determination shall have been made ten days before the election at which the candidates nominated at such primary election are to be voted for, an order shall be made by the court or judge making such determination prohibiting the printing of the name of such candidate on the ballot to be used at such election, and the name of the candidate for nomination or party position at such primary election receiving the next highest number of votes shall thereupon be printed upon the ballot as the nominee for the office.

In a boxing match, round 10, both sides bloodied, democrats take out their man and throw in a fresh ringer and the "judges" say it's OK.
It would destroy sports, it'll destroy free elections.

What I want to know is: Will Lautenberg step down when he "wins" and give the seat to some other corrupt, but younger democrat? Is yet another "fix" in?

Lautenberg might have once been decent, but going along with this makes Lautenberg as creepy as Torricelli, if not creepier...

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

SUPPORT FREE REPUBLIC