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Torricelli Ballot Battle OK'd (State Supreme Court Accepts)
11 Alive ^ | 10/1/02

Posted on 10/01/2002 4:24:14 PM PDT by Tumbleweed_Connection

The state Supreme Court decided Tuesday to hear arguments over whether Democrats can replace Sen. Robert Torricelli on the November ballot, a day after the senator abruptly dropped out of the race.

The court issued an order saying it would hear the case directly instead of waiting for a lower court to act. The high court hearing is scheduled for Wednesday morning. As a result, a hearing set for Tuesday afternoon in Middlesex County Superior Court was canceled.

The Democrats, who hold a one-seat majority in the Senate, had asked the high court to hear the case directly because of the urgency involved.

Torricelli's end to his scandal-tainted re-election campaign forced Democrats to scramble for a candidate. Democratic officials said Monday they had hoped to announce a new candidate within 48 hours.

A top choice, Rep. Robert Menendez, took himself out of the running Tuesday morning. Menendez, the fourth-ranking Democrat in House leadership, said he wants to remain in the House and continue to help Democrats fight for a majority.

Party officials also were considering such possibilities as former Sens. Frank Lautenberg and Bill Bradley and current House members Frank Pallone and Rob Andrews, according to sources in Washington and New Jersey.

Pallone said Tuesday he would consider replacing Torricelli, but added that he had not been asked. Lautenberg said he would "seriously consider serving again if asked." An associate said it was unlikely Bradley would accept. Calls to other potential candidates were not immediately returned.

Angelo Genova, a lawyer for state Democrats, said party officials would meet Wednesday night to decide on a replacement. Genova also said a judge has signed a temporary restraining order barring clerks from making or mailing any ballots until the case is decided.

Torricelli dropped out after his campaign was severely damaged by allegations he improperly accepted expensive gifts from a campaign contributor. The senator was admonished over the summer by the Senate ethics committee.

Under New Jersey law, a party can replace a statewide nominee on the ballot if the person drops out at least 51 days before the election. But only 35 days remained as of Tuesday.

Republicans vowed to block any attempt to replace Torricelli this close to the election.

"In 36 days, decency, fairness and the rule of the law will trump this desperate attempt to retain power," said Douglas Forrester, Torricelli's GOP opponent. "The people of New Jersey have had enough of playing politics with the fundamental tenets of democracy."

Democratic Gov. James E. McGreevey said that placing a new candidate on the ballot would be a fair way to resolve the issue and would "give New Jersey voters a chance to speak."

The Democrats are defending their one-seat advantage in the Senate in midterm elections.

"I will not be responsible for the loss of the Democratic majority of the United States Senate. I will not let it happen. There is just too much at issue," Torricelli, 51, said in abandoning his re-election bid Monday.

Torricelli was elected in 1996 to replace Bradley, the former basketball star who later ran for the 2000 Democratic presidential nomination and lost to Al Gore. Torricelli and Lautenberg, who retired in 2000, served together in the Senate but often were at loggerheads.

Torricelli was always a powerhouse fund-raiser: He helped raise more than $100 million for the Democratic Senatorial Campaign Committee as its chairman in the last election cycle. He was awarded a seat on the powerful Senate Finance Committee, and helped defend President Clinton against impeachment.

But Torricelli's career began to unravel as the public learned more about his relationship with businessman David Chang, who told investigators he gave the senator Italian suits and an $8,100 Rolex watch, among other gifts, in return for Torricelli's intervention in business deals in North and South Korea.

Seven people pleaded guilty to making illegal donations to Torricelli's campaign in 1996.

Torricelli denied any illegality or violations of Senate rules but was admonished anyway. Federal prosecutors investigated but decided against filing charges against him.

The incumbent launched an effort to apologize to the state's voters, but last week a memo in the Chang case was released publicly. In it, prosecutors said Chang's efforts had "greatly advanced" the investigation into the senator's actions, despite Chang's "credibility problems."

Forrester, a wealthy businessman, has harped on ethics throughout the campaign and it worked: A poll released over the weekend showed him with a 13-point lead over Torricelli. The same poll showed the incumbent with a 14-point lead in June.

"I pride myself on a strong voice. My colleagues in the Senate would tell you that it is often heard above all others but it doesn't matter if you can't be heard at all in a campaign," Torricelli said. "I'm in a debate with a faceless foe that I cannot find, minds I cannot change."

Tuesday morning, Forrester said Torricelli's move "means we can talk about the issues." In an interview on WABC-TV in New York, Forrester said, "Whenever I tried to bring up another issue like the environment, it somehow always got back to being about" Torricelli.


TOPICS: Breaking News; Government; Politics/Elections
KEYWORDS: statesupremecourt; torricelliballot
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To: Travis McGee
They also reported some of these absentee ballots have already been returned as a vote. What a flippin mess.
41 posted on 10/01/2002 5:11:03 PM PDT by Balata
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To: Southack
Nice job southack!


Can't help to think this came from your research. From www.politicsnj.com:

Justices who gave money to Torricelli should recuse themsleves, legislator says

Two New Jersey state Supreme Court Justices were contributors to Sen. Bob Torricelli's re-election campaign and should recuse themselves from a hearing tomorrow to consider whether Democrats can replace the Senator on the ballot, a GOP Assemblyman said today.

Justices James Zazzali and Barry Albin both contributed $1,000 to Torricelli in 1999, before their appointments to the state's top court, according to Federal Election Commission records.

"A Judge should not participate in any decision in which his impartiality might reasonably be called into question," said Assemblyman Michael Patrick Carroll, a Morris County Republican. "If Justice Albin donated to the Torricelli campaign, participation in this case would inevitably entail the impression of impropriety."

"Especially in view of the fact that the statute herein involved does not authorize the relief sought, and the Court is being asked to craft a remedy with huge political consequences, the participation of a new Justice, with a history of recent contributions to one of the affected parties, inevitably creates the impression of partisanship. Justice Albin should not participate in rendering the decision."

Albin, a partner at the politically active law firm of Wilentz, Goldman and Spitzer before his nomination to the state's highest court, also contributed to Torricelli's 1996 campaign, and to the campaign of then-Sen. Frank Lautenberg.

42 posted on 10/01/2002 5:11:22 PM PDT by Politico2
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To: Tumbleweed_Connection
Bios of Judges
43 posted on 10/01/2002 5:11:35 PM PDT by chnsmok
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To: PhiKapMom
Look at Southtacks posts.....it seems a bombshell is ticking on this thread..
44 posted on 10/01/2002 5:12:25 PM PDT by Dog
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To: StarFan
Latest from Fox is that Pallone never checked with his wife

I'm suprised Pallone is married. I get pings on may gay-dar when I see him speaking on C-Span.

45 posted on 10/01/2002 5:14:18 PM PDT by Mannaggia l'America
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To: Southack
LOL, that $500 at the top of the list (for Byrne in 1999) went to the same Brendan Byrne that was involved in the New Jersey precedent that clearly shows that the Torch cannot have his name removed at this late date.
46 posted on 10/01/2002 5:14:35 PM PDT by Teacher317
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To: Miss Marple
The DemonCraps are undermining the rule of law. They are breaking the social compact for a civil society. They are insurrectionists.
47 posted on 10/01/2002 5:14:38 PM PDT by tomahawk
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To: chnsmok

These clowns make the Florida supremes look distinguished.

48 posted on 10/01/2002 5:14:49 PM PDT by Rome2000
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To: Tumbleweed_Connection
Thank you, TC for using a reasonably sized .jpg file that doesn't take 3 hours to download on a dialup line. I really appreciate the consideration.
49 posted on 10/01/2002 5:15:50 PM PDT by upchuck
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To: Tumbleweed_Connection
A Republic is a government of laws not men. However, it appears now that "might" makes right. And that we are a government of Judges not laws. Whatever it takes to win -- the law of the jungle -- apparently rules American politics.

Clintonisms sad legacy to America: Its end.

50 posted on 10/01/2002 5:17:03 PM PDT by Scott from the Left Coast
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To: Dog
This is fantastic! Bet there is a lot more out there! If they rule that Torch is off the ballot to be replaced, look for it to end up at SCOTUS which they all know.

Then look for the cry of the RATs to be the Republicans don't want RATs to vote in NJ.

Orchestrated -- pure and simple!

Their problem -- no one seems to want tainted by this and are dropping like flies to keep from running. Watch Torch tell voters not to vote for Lautenberg if he runs as according to Brit they are mortal enemies.

Anyone that had any doubts about how low the RATs will stoop to maintain power better think again. They want Mink on the ballot in Hawaii and Torch off the ballot in NJ. She is dead but Torch's only reason is that he was going to lose!

Not going to fly across America!
51 posted on 10/01/2002 5:17:22 PM PDT by PhiKapMom
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To: Southack
Can you find anything for the others?

Chief Justice Deborah T. Poritz
Justice Gary S. Stein
Justice James H. Coleman Jr.
Justice Virginia Long
Justice Peter G. Verniero
Justice Jaynee LaVecchia

52 posted on 10/01/2002 5:17:59 PM PDT by Teacher317
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To: Politico2
"Wilentz, Goldman and Spitzer"

Please tell me that this Wilentz is no relation to that communist history teacher from one of the Ivy League schools, Sean Wilentz.......please.......

53 posted on 10/01/2002 5:19:00 PM PDT by A Citizen Reporter
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To: Tumbleweed_Connection
Judicial hacktivism at it's finest.
54 posted on 10/01/2002 5:19:33 PM PDT by dennisw
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To: Teacher317
Great find !!!
55 posted on 10/01/2002 5:19:53 PM PDT by Dog
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To: Teacher317
"Can you find anything for the others?"

Enjoy! Click Here For the (liberal edited) Campaign Information On (almost) Everyone

56 posted on 10/01/2002 5:22:38 PM PDT by Southack
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To: Balata
What a flippin mess.

The Clintonista Rats create messes on purpose. Messes lead to the ability to demagogue. Demagoguery leads to the ability to convince society that you can take what you cannot win. When you own the media, this becomes possible.

It is the Clinton formula: When you lose, create a conflict (a mess), make it as messy as you can, chip away at institutions that won't do your bidding, and create the plausible impression that you are the wronged party -- the impression that your opponent has done to you what you have actually done to them. With a tuned-out, cynical and checked-out society, the meaning of the action is lost in the clutter of noice: It is a revolution, a coup-de-tat, in a different form.

57 posted on 10/01/2002 5:22:44 PM PDT by Scott from the Left Coast
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To: Southack
Albin is not on the Supreme Court.
58 posted on 10/01/2002 5:24:59 PM PDT by rwfromkansas
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To: Tumbleweed_Connection
Torricelli asked to have his name removed, either of his own volition or under pressure from the DemocRAT party.

Now the DemocRAT party is asking the NJ Supreme Court to ignore the law so that "NJ voters will have a choice".

Sorta like the Menendez brothers who, after killing their parents, asked the court to have mercy on them because they are orphans.

59 posted on 10/01/2002 5:26:32 PM PDT by jackbill
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To: Teacher317
"Can you find anything for the others? ... Justice Jaynee LaVecchia" "

LAVECCHIA, JAYNEE
MORRISTOWN, NJ 07960
STATE OF NEW JERSEY 11/4/1999 $1,000 Gormley, William L 

60 posted on 10/01/2002 5:27:00 PM PDT by Southack
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