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To: kellynla; dubyaismypresident; Congressman Billybob
Relevant portions of the Constitution (in chronological order):

(Article I, Section 4:) The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators....
(Amendment XVII)The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. (question; has New Jersey empowered the governor to make temporary appointments?)

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.


(Amendment XX, section 1:)Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Based on my reading of these sections, so long as the election takes place in such a manner that a winner is certified prior to 1/3/2003, the RAT governor can postpone the election to his heart's content.
177 posted on 09/30/2002 10:25:32 AM PDT by steveegg
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To: kellynla; dubyaismypresident; Congressman Billybob
Check that analysis. 2 USC Sec 7 reads:

The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.

As this is consistent with Article I, Section 4 cited above (it does not affect the places of choosing Senators), the election must go on as scheduled.

201 posted on 09/30/2002 10:45:35 AM PDT by steveegg
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