Posted on 09/30/2002 9:20:19 AM PDT by alisasny
Opine away : )
They are SUCH sweet people.
As for Richard, he had to DIE to get away from me!
Do any of you all know who John Paragon is? He played the genie in the TV on Peewee's Playhouse; he did ONE one man show and did the funniest routine about Dick and Liz I have EVER seen. He Commended her performance in "Fat on a Hot Tin Roof" and said, "Where are you going, out to marry some unsuspecting passerby?" (You had to be there.)
I supspect the appointment would be for the remainder of the 107th which runs until Jan 3, 2003.... Then a reappointment for the 108th until an election can be held to fill the remainder of the term. Thus nothing subverting the six years.... I think it was one of the CA senators came in something akin to that. She won the election and the sitting Senator resigned and she was appointed to fill the remainder of the term prior to her term starting.
I agree it's about defeating Forrester in any manner they can whether by election or manuvering. Isn't specualtion so much fun? LOL
This smells of a quid-pro-quo arrangement that cannot be legal...
-PJ
If he wins, the seat is Dem
If he loses....then he quits (on 11/6).
The reading of NJ law that so many here have given would still apply, wouldn't it? A vacancy is created after 30days prior to an election and the Gov just appoints somebody to a two year term until the next general election. Forester can't win under that scenario.
Sound crazy?
Sound unconstitutional?
That's because it would be... IF the law were construed the way it had been here.
Just last year in BRET SCHUNDLER v. GLENN R. PAULSEN, et al the facts were that the legislature passed legislagiot extending the deadline in the gubernatorial election so that the 48 day period would be extended.
From The Decision:
We first consider appellant's argument that Chapter 73 applies retroactively to destroy his vested rights. Appellant contends that the right of the DiFrancesco vacancy committee to certify a substitute candidate perished on April 18, 2001, forty- eight days before the originally scheduled June 5 primary date. He asserts that the Legislature's attempt to resurrect the vacancy committee's authority by extending the deadline to May 9, forty-eight days prior to the new primary date, results in a "manifest injustice."
;Before examining the applicable legal principles, we note the practical ramifications flowing from appellant's contention. In practical terms, the "vested right" postulated by appellant is the right to run unopposed. That claimed right contravenes New Jersey's well settled policy in favor of contested elections and voter choice. As we emphasized earlier, the objective of our election laws is to promote "participation in the candidate- selection process, and to give voters more choices in a primary election." Lesniak v. Budzash,
Were we to adopt appellant's argument, our decision would render nugatory this important public policy and reduce the primary election to a choice of one. Nothing in our jurisprudence compels that course.
We are satisfied that applying Chapter 73 retroactively does not deprive appellant of any vested right. Indeed, the statute merely preserves the authority of a vacancy committee to replace a candidate who dies or resigns as long as such action is taken not later than forty-eight days from the date of the primary election. That authority preexisted the enactment of Chapter 73. The only change effected by Chapter 73 is to allow a vacancy committee to make a substitution not later than forty-eight days from the newly scheduled primary election.
So if the New jersey legislature passes a law reducing the 48 days to something like three weeks, this court will have no problem with it.
My parents have been out all day. When I talked to my dad, the first thing he said is that Torch is in trouble with the IRS. I haven't heard anything about it.
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