Posted on 09/30/2002 12:58:59 PM PDT by FlameThrower
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.
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The NJ Dems cannot appoint a new candidate within 48 days of the election by State law. So the strategy will be to use the foregoing provision to accomplish the same thing. But does it work?
No.
If Torch resigns from the Senate now, more than 30 days from the election, then the election to fill the term shall be held at that general election. If he waits, then the election to fill the term shall be held two years from now.
NOTE that the election to be held is to fill the term, not to elect the a Senator for the upcoming term. The Torch's term expires in January 2003. If the Dems want to hold an election to fill the seat between the election and a month or so following, let them! The Republicans are waging an election to fill the six year term that starts in January 2003. They will be unopposed.
"I'm a victim of soicum-stances.....whoooo...whoooo....whoooo..whooo.whoooooo"
-PJ
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!).
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/
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).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.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).
Not according to what I see posted. If he resigns after 30 days prior then his appointment can serve for the next two years.
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