CNN Breaking-GOP Not Waiting for SCONJ Decision..will file in Federal Court over Military Ballots!

October 2, 2002 | Judy Woodruff

[tip of the sword]

CNN just broke in and said that the GOP will not wait to find out the SCONJ decision.

They will bring a petition to Federal Court (eventual destination SCOTUS) on the Voting Rights Act with regard to the 1,800 already mailed absentee ballots in NJ.

[rstevens]

Check for chances for fraud, put observers in all

Sounds good to me. How about you taking a precint in East St Louis. ?

[GnL]

I am, and I did. And I will again.

[PeoplesRepublicOfWashington]

Good for the Pubs!

[Timesink]

I think this is a mistake. I think the Pubbies should stay out out of it. Call me nuts, but I think the voters are prepared to deal with this on their own.

Judging from the totally unfreeped WNBC poll that showed EIGHTY-FIVE PERCENT of respondents saying nobody should be allowed to replace Torricelli. That's an unbelievably overwhelming number. I think Forrester could very well end up getting something like 65-70% of the vote on November 5 because of this. But we still need to fight like hell to make sure this sort of sleaze doesn't become established precedent.

[MHT]

This is the price we are paying for letting Carnahan get away with election law manipulation two years ago. No wonder they thought they could bully their way through the Florida election process and no wonder they will have their way in Hawaii as well.

Do it once, shame on you. Do it twice, shame on me. They steal enough elections illegally; it's about time that we stopped them from doing it "legally" through the courts.

[cookcounty]

"45 days or 35? Barone, one of the lawyers for the Republicans at the NJ oral argument today, seemed to be saying it was 35. I would like to have the cite for that."

Today, October 2nd, is 34 days before the election. It would still apply. Funny that the NJ-SOPRANO-COURT didn't even ADDRESS the issue. Talk about disrespect for our folks in uniform!

[cookcounty]

FUTHERMORE, if the law states the ballots MUST BE AVAILABLE, that won't happen for another 48 hours, what with all the differing down-ballot races in zillions of counties, towns and villages.

[aristeides]

. Funny that the NJ-SOPRANO-COURT didn't even ADDRESS the issue. Talk about disrespect for our folks in uniform!

I noticed that too. That's not only disrespect for folks in uniform, it's also disrespect for federal law. I trust the federal courts will take notice.

[hford02]

Forester should try his best, but you are probably right.
In my state - Colorado - Wayne Allard is in the fight of
his life with a sleezeball trial-lawyer lobbyist. And our
other republican senator - Ben Nighthorse Campbell - says
he's quitting after his present term expires. If we could
only get the truth printed for thirty days every two years
there'd never be a RAT elected.

[Objective Reality]

NJ is lost to RATs. That's not our fault, that's just how it is.

(snipped)

Brilliant post. Why step on the demicrats so carefully laid landmine? "Just LOOK at those NAZI BASTARDS - going to the SUPREME COURT to TAKE THE VOTE AWAY from MINORITIES again!!!"

Feh, let'm have it. I'll trade a Lautenberg for 14 new Republican Senators any day.

[MindBender26]

Has SCOTSONJ ruled or not?

[Redleg Duke]

Hey, the FloriDUH Supreme Court has already ruled that being in the military prevents you from having the right to vote.

[ffrancone]

HOWDY PARTNER!
WOULD YOU HELP ME TAKE BACK THE SENATE??

PLEASE LOG ONTO:

TakeBackCongress.org

A resource for conservatives who want a Republican Senate

[Paleo Conservative]

Too late, Rats got their ruling

In the NJ Supreme Court. This case is going to the US Supreme Court! Military balots are covered by federal law. I'm sure the DemocRATS want the issue if disenfranchising military votes to be a hot issue going into the mid-term elections. There are several states with close US Senate races. I can imagine this issue could help several Republican senate candidates.

[copycat]

This decision violates the law of the land, established under Bush v. Gore.

N.J. Supreme Court Order Violates Reasoning of Bush v. Gore (MUST READ) Supreme Court of the United States ^ | December 12, 2000 | Chief Justice Rehnquist

The N.J. Supreme Court's decision to replace Torricelli on the ballot despite the New Jersey statute to the contrary plainly violates the reasoning of the concurring opinion (Rehnquist, Scalia and Thomas) in Bush v. Gore.

The Bush v. Gore concurring opinion held that where the Constitution entrusts election regulation to the state legislature (as was the case there and is also the case with congressional elections pursuant to the Times, Places and Manner Clause of Article I, Section 4), a state court cannot lawfully depart from the legislative scheme.

These sentences best capture the heart of the concurring opinion: "[T]he text of the election law itself, and not just its interpretation by the courts of the States, takes on an independent significance. . . . [T]he clearly expressed intent of the legislature must prevail."

[Paleo Conservative]

Even if the SCOTUS steps in and overturns the NJSC decision, the Torch could resign within 30 days of the election, and the Rats would appoint someone until the next general election, as per NJ law.

But, what if SCOTUS ruled that provision of the NJ law to be unconstitutional? The 17th amendment has no provision for a governor cancelling an election for a US Senate seat but does require senators to be elected by the citizens of the state. The governor can only appoint a senator if a US Senate seat is vacant not if a senate candiditate withdraws before the election. If Torricelli resigns, I can think any appointed successor would ouly serve the remainder of the current term.

[Sandy]

What I got from the [GA state news] report was that absentee ballots must be available 45 days before the election, according to federal law, because of the overseas military ballots.

Nah. That's not accurate. Federal law simply recommends that the States "assure that absentee ballots are mailed to absent uniformed services voters and overseas voters at the earliest opportunity." (emphasis mine)

[tip of the sword]

Well, said 'the dialects of the troika..' can I use that?

[steveegg]

Take it away.

[hchutch]

And in time of war, too.

IMHO, that was one of the major turning points int he Florida fiasco, and it's going to turn this around two.

"Democrats are disenfranchising the soliders fighting the war on terror."