[writmeister]

Their will be an election in November for the six-year term. The rats are simply trying to replace Torch with a less ethically-challenged candidate.

With regard to a federal constitutional office, state law cannot be interpreted to override federal law which mandates the November election for this Senate seat. Think Supremacy Clause.

[Kaisersrsic]

I think that the Phantom is referring to this:

The relevant N.J. statute if Torch resigns from the Senate within the 30 days before the election appears to be the following:

19:3-26. Vacancies in United States senate; election to fill; temporary appointment by governor

If a vacancy shall happen in the representation of this state in the United States senate, it shall be filled at the general election next succeeding the happening thereof, unless such vacancy shall happen within thirty days next preceding such election, in which case it shall be filled by election at the second succeeding general election, unless the governor of this state shall deem it advisable to call a special election therefor, which he is authorized hereby to do.

The governor of this state may make a temporary appointment of a senator of the United States from this state whenever a vacancy shall occur by reason of any cause other than the expiration of the term; and such appointee shall serve as such senator until a special election or general election shall have been held pursuant to law and the board of state canvassers can deliver to his successor a certificate of election.

This provision appears to have been enacted to comply with the requirements of the Seventeenth Amendment to the U.S. Constitution, which provides:

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.

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.

Of course, the same flaw appears both the State law and in the 17th Amendment -- the language does not specify that the six-year term cannot be extended as the result of an appointment.

This will get interesting