FOX News..GOP Ready Tomorrow With New Jersey Election Lawsuit

FOX News ^ | September 30, 2002 | Linda Vester

[tip of the sword]

FOX just reported that the paperwork will be ready to go on the New Jersey funny business and rigging elections.

Depending of course if the Torch goes throught with the resignation from the campaign or U.S. Senate.

[XJarhead]

I think most people are misreading the New Jersey law. What the law seems designed to do is to fill vacancies in the middle of a term. Let's say a Senator elected in 2000 resigns on October 12, 2002. That Senator's term extended until 2006. Since the resignation was within 30 days of the "next" general election (November 8, 2002) no special election is held. Instead, the replacement election is held on the next general election, which would be in 2004. The law is designed so that you don't have to have a "rush" election simply because a vacancy occurs a few weeks before the general election.

This situation is somewhat similar to the Kirsanow appointment to the U.S. Commission on Civil Rights. The issue is almost identical, really, except it involves the interpretation of a state law rather than a federal law. But as a lawyer, my opinion is that the interpretation some are putting on the New Jersey law -- effectively extending Torricelli's terms, is bogus, and if the NJSC wouldn't stop it, SCOTUS would.

[mathluv]

So how can Louisiana have its current system for electing senators? Isn't Landrieux going to have to run with the runner-up in December if neither gets a majority on Election Day?

Louisiana uses the Napolionic Law for its basic laws - parishers instead of counties. I don't know what thiis entails, but I don't think they have primaries. Everyone runs. The one with 50% of the vote wins, or there is a run-off between the top 2.

[cardinal4]

The message will be clear.

I appreciate your optimism, but if the dems didnt see how corrupt their party was during the Clinton Occupation, they are not going to see it now.

[StockAyatollah]

Its a shame we don't have someone with balls in the Senate. Trent Lott may even have a clitoris!

[Dave S]

I guess this is different than Florida 2000 in that in Florida, they were electing state electors to the electoral college, not the president himself. In this case, they are electing a federal officeholder

Thats the way I see it. States can determine how they elect state electors but they can not change the term or qualifications for the US Senate or the House of Representatives (other than term limits, I think).

[elephantlips]

Why would Sean step down, he didn't do anything wrong? :)

[PMCarey]

Only way I can see Democrats retaining the Senate seat is to 1)run a write-in candidate for whoever they can get to run or 2) keep Torch from resigning January 3, keep his name on the ballot and annonce that he will resign, then say who the governor will replace him with (ala Carnahan). Even that second alternative may not be legal. I cant see how changing the ballot at this point would be legal.

Big difference: Carnahan was dead. The voters knew he would be replaced. For this scheme to work, the voters would have to trust the Torch to keep his word that he will resign his position. The Torch is not riding too high on the trust meter right now.

[sinkspur]

Jonathan Alter just said on MSNBC that Toricelli will quit the race, but will NOT quit the Senate.

So, the battle will be over getting another name on the ballot.

[Dave S]

The RATS are playing a dangerous game, and threatening to cascade the hurt to other RAT incumbents

I think any shennangins with Torch could be particularly harmful to Carnahan and he see got appointed under very unusual circumstances. Dem games in NJ could remind MO residents of this and show it for the pure politics it is.

[rmmcdaniell]

This will soon become a national public relations disaster for the greedy Democrats who simply don't want to let the public have their fair vote.

Yeah, I didn't see the RATS demanding to overturn election laws and put a new candidate up against John Ashcroft after the deadline passed. The RATS only follow laws when it furthurs thier interests.

[Right Wing Professor]

So, the battle will be over getting another name on the ballot.

And the chances are they'll lose. Better get the stickers printed up ASAP!

[Dave S]

Jonathan Alter just said on MSNBC that Toricelli will quit the race, but will NOT quit the Senate. So, the battle will be over getting another name on the ballot.

If he doesnt resign his office it will be difficult for the Dems to try to convince the public that a vote for Torch is really a vote for Lautenburg or Pallone, or whoever. I think write-in is the only feasible route for the Dems and based on Dem performance voting in Florida, I dont think that gives them much of a chance. I wouldnt know how to do a write in and Ive voted in four different states on many different machines.

[VRWC_minion]

I thinkt the missing link is that these documents indicate the Torch has some unreported income and will be getting a visit soon by add'l federal authorities.

[aristeides]

and will be getting a visit soon by add'l federal authorities.

Since when has violating the tax laws been held against Dem politicians?

[GretchenEE]

Why would they [let Torricelli give the dem response to Bush's radio address] if they were planning on dumping him today?

The Senate is decaying under the weight of its enormous honor and importance, and $$rich$$ in tradition, perqs, and other sublime satisfactions. This has been planned for a long time, when the Senate found itself unable to keep from having an "investigation," and when daschle's boys knew they had to dump him, they gave him stuff like the radio address to round out his esteemed* career in the public arena, to help pave his way out of the Senate and into the general milling of the Great Unwashed Masses, and to make the fact of his departure seem to be occurring with the good will of the Senate.

This departure deal, and its timing, were the unwritten part of the Senate "Ethics" Committee's "strongly-worded" displeasure of Torricelli. I cite no news sources other than the history of the dems.

* Being elected to the Senate equals an esteemed career to the dems, regardless of how well or ill the public service was rendered, or in how many tills the electee was found to have planted his hands.

[deport]

Napolionic Law wasn't the basis for switching to the open primary in LA, if I remember correctly. It was done to appease the Republicans and at the same time they thought that no Republican would ever come in second in an open primary so there would be always a Democrat winning.... But that's changed significantly and Republicans do win even statewide.

The runoff if needed will be on Dec. 7, should none of the candidates secure a majority.... The original lawsuit was arguing the election of a candidate in Oct. thus prior to the Federal date. Not sure what the ruling would be for a runoff after the Federal date.... interesting

[Angelwood]

Shucks -- I guess I could leave my "WHERE'S THE SILVERWARE" sign in the car if I could take the paid tour through Hillary's! I'd like to know exactly what they took and kept, too.

[willingtodie]

The states are allowed to control the manner of the elections.
Yes but within the framework/constraints of the US Constitution.

[Cold Heat]

I am forever a optimist. I hope you won't hold that fact against me.....:-)

[GretchenEE]

The state SC doesn't matter much. The SCOTUS is the body which has say in Federal elections, as Gore v. Bush showed. That and the leglislature itself which seats members and is the final judge of elections. How do you vote to not recognize an election in a 50/50 split. It's an ugly situation.

The dems are proving themselves masters of looking for murky election waters and plotting their course through them. It seems the more they can confuse the issues, raise doubt, and cast aspersions on the motives of those who seek to work within the law, the more likely they are, on average, to get and keep power.