[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).

[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 . . .

[steveegg]

Thanks for the legwork on this. Go ahead, RATs, make our day.

[Straight Vermonter]

Great cite!