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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

Oh that sucks.

Yes. I read that statute. It is in the section pertaining to special elections. However, the election code section pertaining to general elections makes it clear that vacancies must be replaced more than fifty days out.

Moreover, there is a federal statute regarding election dates which clarifies that a State must have the federal general election on the first Tuesday in November.

In federal general elections, the United States Code mandates that the election be held in the Tuesday after the first Monday in November. 2 USC §1, 7.

The United States Constitution proscribes six-year terms of office and the placement of seats in specific classes mandating the end of their terms. US Const. Art I §3(1) & (2).

The United States Supreme Court has interpreted the Times, Place and Manner clause as mandating the November general election and held that any conflicting state stautes are inoperative so far as the conflict extends. Foster v. Love, 532 US 67, 118 SC 464, 139 LE2d 369 (1997).