Seemingly conflicting laws create uncertainty over when Lautenberg’s replacement will have to face the voters
If Governor Chris Christie appoints someone to fill the U.S. Senate vacancy caused by Senator Frank Lautenberg’s death, there will either be a special election this year for the remainder of the term, or next November, depending on who’s interpretation of seemingly conflicting paragraphs in Title 19.
Christie has the power to appoint a replacement, but is not required to do so. He very likely will.
The Office of Legislative Services has issued an opinion stating that the Governor can appoint a replacement who will serve until November of 2014. The winner of the November 2014 election would serve the remaining two months of the term and a full term to start in January of 2015.
Christie could also call a special general election to fill the remainder of the term, which would be proceeded by a special primary election.
19:27-6. Congressional vacancies.
19:27-6. In the case of a vacancy in the representation of this State in the United States Senate or House of Representatives, the writ may designate the next general election day for the election, but if a special day is designated, it shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, the day on which a special primary election shall be held, which shall be not less than 70 days nor more than 76 days following the date of such proclamation, and the day on which the special election shall be held, which shall be not less than 64 nor more than 70 days following the day of the special primary election. The writ shall also specify the day or days when the district boards shall meet for the purpose of making, revising or correcting the registers of voters to be used at such special election.
If the vacancy happens in the representation of this State in the United States Senate the election shall take place at the general election next succeeding the happening thereof, unless the vacancy shall happen within 70 days next preceding the primary election prior to the general election, in which case it shall be filled by election at the second succeeding election, unless the Governor shall deem it advisable to call a special election therefor, which he is authorized hereby to do.
If the vacancy happens in the representation of this State in the House of Representatives in any year, not later than the 70th day prior to the day for holding the next primary election for the general election, the Governor shall issue a writ of election to fill such vacancy, designating in said writ the next general election day as the day on which the election shall be held to fill such vacancy. The nomination of candidates to fill such vacancy shall be made in the same manner as the nomination of other candidates at the said primary election for the general election.
Given that the primary is tomorrow, the 70 day rule which would have the new Senator face the voters in November of 2014 seems to apply.
But NJ Democratic Chairman John Wisniewski is arguing that another part of Title 19 rules that the new Senator must face the voters this November, or sooner, if Christie chooses to fill the vacancy.
19:3-26. Vacancies in United States senate; election to fill; temporary appointment by governor.
19:3-26. 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 70 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.
Democrats want the seat to on the ballot this year and next, so that their nominee, presumably Newark Mayor Cory Booker, can give Democrats something to get excited about this year given Barbara Buono’s uninspiring performance in the gubernatorial race thus far. With Booker and Christie both running for different office this year, there is less of a likelihood of Christie having down ballot coattails that could tip control of the State Legislature. Democrats also don’t want Christie’s Republican appointee to have a year in the Senate to establish incumbency and raise money, much easier for an incumbent than a challenger to do, for a 2014 race.
Christie has often been critical of the Office of Legislative Services regarding their budget numbers. But he is likely to agree with them and praise their non-partisanship with their opinion today. Christie has much more flexibility if his appointee is to serve until November of 2014, and his reelection campaign won’t have to share headlines or campaign cash with a Senate race.
Should Christie appoint a member of the State Legislature to the U.S. Senate…Seantors Joe Kyrillos, Tom Kean, JR and Kevin O’Toole and Assemblyman Jon Bramnick are rumored to be in consideration…whoever that legislator ends up being, risks being out of office should they have to face Booker this coming November. They can’t run for their State offices and U.S. Senate in the same election. If the appointee serves until November of 2014, and runs as an incumbent, that Senator’s chances of fighting off Booker’s challenge is much greater.
Another consideration is the nominations. Booker is considered the heavy favorite to be the Democratic nominee, but Congressman Frank Pallone has openly been coveting the Senate job. The section of Title 19 that the Democrats favor does not address a primary or method of choosing a nominee. Christie’s choice is likely to be the Republican nominee, but someone is likely to want to compete for the nomination.
More than likely, the issue will be decided in court within the next week or two.
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Art, does the New Jersey Senate play any role in this process? Does the NJ Senate have to confirm whomever Governor Christie chooses as Senator Lautenberg’s replacement?
Will Seth Grossman or Leigh Ann Bellew run for the office when they lose on Primary Day.Or, maybe Anna Little will put her name in the hat. After all, she did before
Oy Vey
Signed,
Silence Dogood, Redux
Joe,
The NJ Senate has no role in the process. The appointment is the governor’s alone.
Joe Rullo in Ocean County announced his candidacy after Kyrillos lost last year.
Eric, No links to candidates site, or business sites, without paying for an ad. This is not craigslist. It costs money to advertise here.
Art
Cory Booker as in Senator Cory Booker
IS HE Constitutionally Certified too?! HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
I say appoint Joe Kyrillos. He’s been a great legislator in NJ; he’ll represent us well in the US Senate.
RULLO GOT MY VOTE IN 2012 primary & has it again!
is all this is, whatever and whomever.. no matter whom the Gov. appoints ought not have the office repainted or get too settled in.. will eat my words and shirt if it doesn’t wind up being the guy in the right place at the right time, ultimately, and that’s Booker… we can only hope for a big Dem split/fight, between Pallone and Booker, but in reality it’s we the Republicans who are so much better at killing our own and ourselves! Watch!
But Tom, we’ll get Bellew back again running for Joe K’s seat!
but, if I’m Joe K., and I’m not, I look at the awful election results last year, (even the APP poll has Tom Jr. beating him at the moment, for the appointment), and then I look at what wins for me: likely 4 more years as the Gov’s fav state senator, or, a few mos. in DC?.. what good thing, other than telling my grandkids I was a US Senator for a little while, comes out of that? .. Folks, hope springs eternal,and all, but, seriously, does anyone really think a Rep. becomes our next Blue Jersey Senator??
if Kyrillos gets the appointment, will be trying to help Declan take the state senate seat away from Amy H.!!!- now,there’s a reason to get/ stay involved!
That law applies then you have to read NJ State law..Which say he needs consent of the Legislature… Going to be interesting how it is interpreted being our whole state house is compromised mainly of Lawyers and Teachers! Yikes!
Rullo for Senate 2014!
What is Rullo? Do you mean Rollo, those little chocolate candies?
maybe she could beat Booker??
Let’s Start A Draft Kim Movement
I like your thinking @Guadagno
Rullo has my vote as well. He is an honeest guy.
Of these arsenine Rullobots. Joe Rullo has less of a chance of winning the Senate than Bellew, or Grossman do winning their races tomorrow .
He’s done nothing politically, could never raise the money and all he ever did before was shill for his solar company.
“Go away, just please go away.” You are embarrassing yourselves
Jim Granelli
@ Jim. If they don’t want to lose another primary they should pick Joe Rullo he could bring together Tea Party, conservatives, & regular Republicans, or they will get crushed once again like last year.
He’s gotta think out of the white-male box for this one: either an electable woman like Kim, or a minority like a Geraldo (I know, kind of crazy, but what the hell, this is Jersey), might stand a chance against a Booker, who, let’s face it , is the odds-on fav, at this point..we already got whacked bad with Tom Kean Jr, and Kyrillos: so, rather than just score a few points or himself, hope the Gov. thinks ahead for our party, as well- we need a different shot at finally helping the national effort to gain Rep. Senate seats- we must stop any more Obamaism, and hence, save this country!
I don’t listen to Rullobots. I’ve met Joe Rullo and he is a rude, arrogant and narcissistic arse.
Jim
I also don’t listen to naive people as well.
Jim
We need a senator that represents South Jersey. I think King George will make a play with his boy Andrews.
from ourselves and our arguments for a moment and focus: we need the best and smartest choice,in order to win!
to have the Dems pick a south Jerseyan- but, doubt it- too important for them to get all those reliable north votes, led by Hudson and Essex…we are beat,again, most likely.
The Party has been damaging itself for years.
If you read this article you will see what young people think of the party.
Based upon this I think the only choice for a Senate Candidate is a Woman, preferably younger rather than older, more conservative rather than less. Look at the recent list of NJ Rising Political Stars for APP. That’s where the Governor should find his Senate Appointee
http://thinkprogress.org/politics/2013/06/03/2089881/gop-survey-of-young-people-reveals-they-support-progressive-policies/?mobile=nc
Proof positive that the lib education agenda,from pre-school through most college, operating unchecked for some 40 or 50 years now, is working just fine.. can it be more transparent? Exactly what the news media, Hollywood, and the general lib mindset wants them and everyone else to believe.. There is so much to do, I am not too sure we can/will ever come back, at this point..