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That is NOT what the Democrats in New Jersey are saying; they are saying that if Torch resigns, the governor can call an election in ONE YEAR and the new candidate who "filled" Torch's seat would run as an incumbant.

I'm just repeating what they've been saying on TV.

That is NOT what the Democrats in New Jersey are saying; they are saying that if Torch resigns, the governor can call an election in ONE YEAR and the new candidate who "filled" Torch's seat would run as an incumbant.

The Dems may think so, Jersey law appears to say so, but it's blatanlty Unconstitutional and an untested law.

They're wrong honey. As The Torch would say, just who do you trust, what the Dems say on the tube or Torie?

I don't know first hand what the NJ law says, but if what has been posted here as the NJ law is correct, then it says if a senator resigns within 30 days of the election, then the gov. can cancel the pending election. The appointee sits until the next general election or until a special election, if the gov. calls one.

There would be a legal challenge for sure because although the states have control over the mechanics of an election, I can't believe taking away the electorate's rights for such a period would be upheld.

Now, if Torch did resign and the Gov. appointed a Senator AND set a special election sometime between Nov. 5 and Jan 1 -- well, that might work 'cause you would not be extending the term of the office holder. Whoever won the 'special election' would take the seat at the normal time.

Howlin, my friend,
NEVER trust TV news for accurate reporting on a complex subject. Lip gloss, not intelligence, are the criteria for TV news reporting.
The Constitution specifies that every Senator serves only a six-year term. It also specifies the exact day on which Senatorial elections must be conducted. The Constitution is "the supreme Law" as its text says. Therefore:
Nothing in any state law, and nothing done by any state official, can either extend the term of any Senator, or delay or cancel any election to choose a new Senator.
In answer to an earlier question from a Florida FReeper, the Democrats have exactly two tactics in play here. 1) Get the NJ Supreme Court to agree to violate NJ law and let them put in another candidate beyond the deadline, or, 2) somehow blame the Republicans for the fact that they don't get to jam another candidate onto the NJ ballot.
Both tactics should fail miserably.

Congressman Billybob

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