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.

[1Old Pro]

Voter disenfranchizement.

disinfranchised voters are voters in any election that a Republican wins.

[Jeff Gordon Fan]

What does this do to the senate right now?

[writmeister]

This statute does not permit the extension of the constitutionally-mandated senate term. And, even if it could be argued that way, it would not be upheld.

The United States Code mandates that the federal general elections be held on 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).

[Cold Heat]

Yes, we are on top of it but there is no time for a legal battle IMHO. This reminds me of the Ashcroft debacle when a dead democrat was legally elected.

The democrat party is without morality or shame. All these things are overlooked for the power that is so important so that they can change the world as they percieve it. It is a (Taliban like) religion to them.

I will watch with amusement and a touch of disgust, fear and concern for these United States of America.

[ItsOurTimeNow]

Woah woah woah...lemme get this straight. Toricelli knows he has no chance of winning, so he decides to step down, knowing full well that the Governor can appoint a replacement that will fill the position until the NEXT election?

Am I reading this right? Are the Dems THAT afraid of losing their power, that they'd go to such underhanded techniques?

[Exit148]

"Good thing those corrupt slimeball bastards of the NJ GOP did their best to undercut Brett Schundler's campaign. Oh my, how the dynamics would change if Schundler were governor now, instead of McGreevey."

Yep! You've got it! I hope this gets some publicity. The NJGOP has to take some blame on this.

[Yankee]

I don't consider a corpse as "residing" in the state they are elected.

I think it is disrespectful and insensitive to refer to Congresswoman Mink as a corpse.

I prefer to think that she's finally attained "Good Liberal" status.

As in "the only good liberal is a ........"

[Angelwood]

The DNC has a fundraising concert scheduled on October 9 at the Warner Theatre in DC and the theme is "Every Vote Counts." It appears that that might not be the case with military votes, votes in certain Florida counties or in the upcoming NJ election for Senator.

[writmeister]

The thirty-day time limit is for appointing someone to serve the remainder of the term. A separate New Jersey statute prescribes that ballot replacements for general elections must be done 48 days before the election (which has already passed).

[tip of the sword]

Can the dims actually do this? How are they going to get the New Jersey Supreme Court to stop printing the ballots?

[texasbluebell]

Not to mention the fiasco in Hawaii, where some are saying that Rep. Mink (D of course) was kept on life support long enough so that her name couldn't be removed from the ballot. She was pronounced dead just 2 days after the deadline had passed.

[GraniteStateConservative]

Nothing. We never had the majority before-- just a tie without Cheney. We now go back to a tie, with Cheney (which doesn't count).

[Timesink]

It looks as if the Demorat governor can appoint someone to fill Toricelli's seat after the 30 day marker, and no election would be held for that seat until NEXT term.

Under New Jersey law. This law, however, is a massive violation of the Seventeenth Amendment to the US Constitution, and it will be overturned if the RATS attempt it.

[Howlin]

We're gonna end up looking like the bad guys AGAIN!

[swheats]

OMG what are we becoming if this is true? This can't be allowed to stand.

[The KG9 Kid]

"... 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."

On the other hand, this is New Jersey we're talking about.

[GraniteStateConservative]

They control the state SC. It's one of the most liberal in the country.

[witnesstothefall]

The DemoRats thought they'd pull a fast one on the American people, first by whitewashing Torch's crimes in the secret Ethics procedure, then by a campaign of personal destruction against Torch's extortion victim. Now they see the People aren't buying it and want to change candidates at the last moment. They damned well better lose this contest or it will encourage more such corruption at the highest levels of our government.

[Numbers Guy]

This statute does not permit the extension of the constitutionally-mandated senate term. And, even if it could be argued that way, it would not be upheld.

Exactly. Federal law trumps state law. The term cannot be extended. New Jersey's governor can appoint someone for the REMAINDER of Torricelli's term, i.e. through January 3, 2003. No longer. Torricelli's term was 6 years, not 6 years plus whatever the governor of New Jersey wants to add to it . . .

[VRWC_minion]

I imagine the legal battle is over whether a new name can be on the ballot. A battle over postponing the election wouldn't require a response. Its not going to happen.