Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Timesink
From another article which seems to indicate that Jersey law can allow for the election to be cancelled if the resignation comes within 30 days of Nov. 5 and rescheduled. So there is a time frame of 6 days for all this to happen since a replacement is beyond naming now that it's below 48 days....


Under New Jersey law, a political party can replace a statewide nominee on the ballot if the person drops out at least 48 days before the election. But only 36 days remain until the Nov. 5 election, meaning Democrats would have to seek approval from the state attorney general. That would likely result in a court challenge from Republicans.

Under state law, if a candidate resigns his office or dies with more than 30 days to the election, the governor can appoint a new candidate. If it happens with less than 30 days before the election, the race can be canceled and the governor can set a new date for a special election.


475 posted on 09/30/2002 12:14:38 PM PDT by deport
[ Post Reply | Private Reply | To 445 | View Replies ]


To: deport
How could they do this? Wouldn't it be against the US Constitution which has jurisdiction over federal candidates?
491 posted on 09/30/2002 12:20:40 PM PDT by marajade
[ Post Reply | Private Reply | To 475 | View Replies ]

To: deport
Under New Jersey law, a political party can replace a statewide nominee on the ballot if the person drops out at least 48 days before the election. But only 36 days remain until the Nov. 5 election, meaning Democrats would have to seek approval from the state attorney general. That would likely result in a court challenge from Republicans. ... Under state law, if a candidate resigns his office or dies with more than 30 days to the election, the governor can appoint a new candidate. If it happens with less than 30 days before the election, the race can be canceled and the governor can set a new date for a special election.

Thanks for the info. But I don't think that the second part of that state law could survive a federal constitutional challenge. Like others have said, if we use these rules, what's to stop McGreevey from setting the date of the "special election" to be election day 2012? And if the attorney general allows the first law to be arbitrarily waived, I think you've got the exact same situation as what SCOFLA did in 2000: The RATS changing the laws in the middle of the game purely in order to retain power. And the SCOTUS will smack that down just like they did Florida.

512 posted on 09/30/2002 12:38:48 PM PDT by Timesink
[ Post Reply | Private Reply | To 475 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson