[jdontom]

Here's the appropriate code. 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.

NJ State Law.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.

FR must be swamped with FReepers on this subject...Had a hard time getting online.

[ER_in_OC,CA]

First of all...it is still OUTSIDE the 30-day mark. From the WNBC article earlier, if he resigns the Senate today, then they can run another candidate.

If he stays in the Senate, but withdraws from race, they cannot run another candidate.

[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).

[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?

[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.

[xzins]

If you are reading this law correctly, then it surely must be unconstitutional. If resignations when down in the polls can get a member of your party appointed for another 1 year or 2 years until a next election, then that could theoretically go on indefinitely.

I personally have no problem with the Torch resigning. He can do that anytime he wishes. If someone else what to run after that announcement, then that's his business. (If I want to start a write-in campaign for myself at this moment, then that's my business and ultimately up to the voters.) The issue is being within the deadline for having a name on the ballot, etc.

[Salvation]

FR must be swamped with FReepers on this subject...Had a hard time getting online.

The DNC and the RNC too. Took a long time to get on line

[Recovering_Democrat]

sorry, jd. I'm not a legal eagle. In English, please? :)

[1L]

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

The November election will be held, Torrecelli or not.

[Exit148]

"FR must be swamped with FReepers on this subject...Had a hard time getting online."

I switched computers and couldn't get on-line either!! I got all sweaty! Not NOW!!

I have Hannity on, Fox on and the remote close by, but the best news is here! (Keep that in mind, all you guys who haven't sent in a little $$$$ to the Freepathon!)

[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.

[copycat]

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,

I read this as though the vacancy will be filled at the next succeeding election, Nov 5 2002.