[Henk]

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).

Forget about the ballot. If Torch resigns from Senate within 30 days of the election, gov can appoint someone to fill the seat until the next election, presumably two years hence. A complete end-run around the ballot box.

[writmeister]

No, the governor cannot prevent the November general election. The November election is mandated by federal law and the United States Constitution, and any attempt to use a state statute to void that election would be unconstitutional. Look at Foster v. Love, 532 US 67, 118 SCt 464, 139 LEd2d 369 (1997).

[Jack Black]

Forget about the ballot. If Torch resigns from Senate within 30 days of the election, gov can appoint someone to fill the seat until the next election, presumably two years hence. A complete end-run around the ballot box.

What is to prevent successive resignations just before the next election, to continue forever, thus making this senate seat non-elected. If Joe Blow is appointed and serves until 10 days before 2004, then resigns then the Gov. gets to appoint for another two years. It could go on forever. The answer, I belive, is the Constitution trumps these bad state laws. This is both absurd and evil. The Democrats are not just another polictical party, they are evil. We still fight them "inside the rules" but they are the Tyson of politics, low blows, ear biting, whatever it takes. We need a Lennox Lewis figure to clean up the political ring just like he cleaned up boxing by knocking out Tyson. We need to KO the Demmocratic Party. It's too bad the blackmail worked in the impeachment time, we had a shot then.

[isthisnickcool]

Forget about the ballot. If Torch resigns from Senate within 30 days of the election, gov can appoint someone to fill the seat until the next election, presumably two years hence. A complete end-run around the ballot box.

How could that be? That would be extending the term.

[rwfromkansas]

I don't think so.....they can't do that when a term is expiring.

[Dave S]

can appoint someone to fill the seat until the next election, presumably two years hence

No f---ing way. The senate term is six years, not one day more. Thats according to the constitution. Torch can quit any time he wants and the governor maybe able to replace him but ONLY for his term. The replacement is dead meat on Jan 3, 2003.