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I agree, he will likely resign. At that point I think the Pubbies will be asking the Court to use its equitable powers.

Torch made it quite clear yesterday that he was not resigning, but rather withdrawing. The reason he gave is because he doesn't want the Senate to go Republican.

I think the Dems will come to the legal conclusion that they can't get another name on the ballot and Torch will resign. There is nothing that says the motivation behing the resignation can't be to get another name on teh ballot. That's where the Pubbies go to court and say "Whoa, wait a minute. His resignation is being done solely to ensure his own parties victory. Look, he can't do through the back door what he couldn't do through the front"

To which the Court's response (and regrettably rightfully so)is "So what? The law doesn't say 'You can only have a special election if the resignation is not politically motivated'"

Here it appears (and again I haven't looked closely at the "resignation" rules as they relate to special elections and getting someone's name on the ballot), but from what little I have read the Dems would be on much better legal ground if the Torch resigns.

From a legal perspective, you are right of course. From a PR perspective it's still got to be a nightmare scenario for the Dems. It must be painful for them to watch the implosion of their own party. But then maybe not, for I doubt that they realize that it is through their own idiocy that they are killing themselves.

Here it appears (and again I haven't looked closely at the "resignation" rules as they relate to special elections and getting someone's name on the ballot), but from what little I have read the Dems would be on much better legal ground if the Torch resigns.

Here's where it's fuzzy for me. Hopefully, it will be clarified. If Torch resigns and a replacement is appointed, that replacement will only serve until January, at which time the duly elected Senator would take the seat. I don't know that a special election is valid in that case. Consider this: what if Torch were not even on the ballot in Nov. and he resigned. Then McGreevey appoints a replacement (which is not someone on the ballot). Wouldn't the person (R or D) who is elected in Nov. take over the seat in Jan.? There would be no special election in that case.

Isn't this scenario somewhat the same? It would penalize Forrester mightily if he has to run 2 campaigns against 2 different Democrats for the seat.

I will be happy to have this clarified for me.

It doesn't matter if he resigns. The election will go forward. Federal law trumps state law, and senator seats are elected every 6th year, and this seat is due for election in November 2002.

I'm confused about the special election possibility. Even if the Torch resigns from his seat, doesn't the general election on Nov 5th have to go forward because this is a federal office for which the U.S. Constitution stipulates an election be held every six years? I don't see how state laws regarding special elections can trump the U.S. Constitution. I could see the governor having the authority to name a replacement to serve out the remainder of the current term, but I don't think the general election of Nov 5th can be forestalled by this maneuver.

What everyone seems to be forgetting is that NJ law is not the controlling authority here - the US Constitution is. The Constitution establishes that each term of a senator shall be for 6 years. Since the governor can only appoint someone to fulfill the Torch's unexpired term, such an appointment would only be until January of next year.

For everyone who is afraid that the Torch will resign and McGreevy will appoint someone to serve for the next two years, it ain't gonna happen. If they try that, SCOTUS will dope-slap them upside the head.

The only question of NJ law is whether or not they can place someone else on the November ballot this late in the game. There WILL be an election for senator in NJ on November 5th, and the winner of that election will serve for the next 6 years.

There seems to be a lot of confusion over the effect of a resignation and special election. But I think the following would apply:

The Constitution limits the term of a Senator to six years.

Nothing in the Constitution permits the Governer to extend that term.

If Torricelli resigned today or next month, The Governor could appoint someone to complete the current term.

If it were too late in the current term to hold a special election to vote for a candidate to complete the current term. the term would simply expire on January 1, 2003.

The election on November 6 is for the new term and the Governor has no authority to place anyone on that ballot for the new term.