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Torch, resignation and... THE LAW
NJ Statutes
| CJ Barr
Posted on 09/30/2002 12:58:59 PM PDT by FlameThrower
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To: FlameThrower
IANAL, but I don't think you're reading the statute correctly.
To: FlameThrower
That must be Why the Torch's Lawyers keep putting of the News
3
posted on
09/30/2002 1:01:44 PM PDT
by
scooby321
To: Stingray51
bump
To: FlameThrower
If Torch resigns from the Senate now, more than 30 days from the election,
He's not going to resign, he'll just not run for reelection.
5
posted on
09/30/2002 1:07:13 PM PDT
by
lelio
To: Rodney King
I think this is correct, at least in the sense that a state cannot extend the six year term no matter what. Otherwise, every time a DemoncRAT candidate was sure to lose, they'd try a trick like this.
To: FlameThrower
When asked what happened to his campaign, Sen. Torricelli replied,
"I'm a victim of soicum-stances.....whoooo...whoooo....whoooo..whooo.whoooooo"
To: FlameThrower
You suggest that the "term" is what the statute allows to be filled, rather than the "vacancy." Although, I expect the U.S. Supreme Court to agree with you in the end, I don't think that the Dems will. The word "term" does not appear in the statute.
To: FlameThrower
Why must the next general election be two years from now? There are elections every year. There will be elections in 2003 for local stuff, and propositions and such. Any election will do as long as it is statewide. The term "genera" election is meant to distinguish it from a "primary" election only.
-PJ
To: lelio
First, Torch will withdraw from the election. If the courts do not allow replacement on the ballot, I expect he will then choose door number two and resign.
To: FlameThrower
This is completely irrelevant. Toricelli is not considering resigning from the Senate. He is considering resigning his candidacy - so that the Democratic Party can name a new candidate for the Nov. election to replace him in Jan.
And remember that the N.J. Republican Party pulled similar shenanigans 30 months ago when they substitued Franks for DiFrancesco vs. Shundler in their primary for the 2000 Gubernatorial election (yes, I googled that!).
11
posted on
09/30/2002 1:17:14 PM PDT
by
RossA
To: lelio
If the Torch were to resign from the Senate, would that not have an adverse effect on his overly-generous pen$ion?
To: FlameThrower
Some of this is based who the sitting Governor is:
Democrat or Republican? That makes a lot of
difference. Is the sitting Governor a Democrat
or Republican?
13
posted on
09/30/2002 1:19:30 PM PDT
by
topher
To: topher
Democrat McGreevey.
To: Political Junkie Too
Why must the next general election be two years from now? Federal elections are bienial.
There are elections every year. There will be elections in 2003 for local stuff, and propositions and such. Any election will do as long as it is statewide. The term "genera" election is meant to distinguish it from a "primary" election only.
The term general election is used to describe the election set by the federal legislature as opposed to a special election to fill a vacancy. When a vacancy is filled by the state (by appointment or by special election) its good until the next general election at which the people decide who gets to stay for the remainder of the term.
The senate is designed so that 1/3 of its memebers come up for election every 2 years. This is designed to keep a balance and to insulate us from a political fad. Applying the NJ law in the manner that gives the state the power to extend the rotating term beyond 6 years contradicts that balance and is unquestionably against the original intent/
To: FlameThrower
Writmeister has settled it. From another thread: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).
McGreevey cannot appoint anyone for a 6-year-and-three-month term. The election must take place as scheduled on November 5. End of story.
16
posted on
09/30/2002 1:22:29 PM PDT
by
Timesink
To: RossA
Heard on Fox the deadline for that kind of maneuver would have been Sept. 16th.
17
posted on
09/30/2002 1:23:17 PM PDT
by
dawn53
To: lelio
Except now they say he MAY resign now, so the governor can appoint a Democratic successor, who could then (perhaps, it's unclear) run as an incumbent. I think the fact that he's been putting off the announcement all day means 1) he didn't think it through, first, and panicked Dems are calling him frantically saying "Wait, wait!" there are unintended consequences you haven't anticipated and 2) they are trying their best to find a way AROUND the state statutes on this situation, in other words to be able to pervert the law. Junk yard dog lawyers are licking their chops. Surprise, surprise.
18
posted on
09/30/2002 1:24:29 PM PDT
by
3AngelaD
To: Kaisersrsic
A vacancy can only be for the term! Carnahan is now running for the 4 year left in her dead husband's term!
To: RossA
This is completely irrelevant. Toricelli is not considering resigning from the Senate. He is considering resigning his candidacy - so that the Democratic Party can name a new candidate for the Nov. election to replace him in Jan. Not according to what I see posted. If he resigns after 30 days prior then his appointment can serve for the next two years.
20
posted on
09/30/2002 1:24:42 PM PDT
by
cinFLA
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