September 30, 2002

OH, IT'S TOO LATE, BABY, YEAH, IT'S TOO LATE (via Patrick Ruffini):

Re: New Jersey : Ballot Substitution (Politics NJ)
September 30, 2002

To: Senator Frist, Mitch Bainwol

From: Alex N. Vogel, General Counsel

Re: New Jersey : Ballot Substitution

You have asked for an analysis of New Jersey ballot statutes and regulations regarding a possible vacancy in connection with the upcoming election in New Jersey. New Jersey law explicitly provides that when a vacancy occurs among primary nominees, the state committee of a political party committee may select a replacementcandidate. N.J. Stat. ยค 19:13-20. However, this ballot replacement is only allowed when the vacancy occurs more than 51 days prior to the election. Id. Inside of this 51 day statutory window, a replacement candidate can not be put on the ballot. The only exception ever recognized by a New Jersey court was in the case of the death of a nominee. Petition of Koegh-Dwyer, 106 N.J. Super. 567, 256 A.2d 314 (1969), affirmed 54 N.J. 523, 257 A.2d 697. It is worth noting that the time limit was raised from 34 days to 51 days in 1985. Legislative history from the original statute states that time limit was included "to afford election official sufficient time in which to attend mechanics of preparing for general election." Kilmurray v. Gilfert, 10 N.J. 435, 91 A.2d 865 (1952).

It seems pretty clear that the Democrats don't get to replace Torricelli on the ballot, but does anyone think that will stop them?
Posted by Orrin Judd at September 30, 2002 4:25 PM

I have a sinking feeling that the Dems will come out of this just fine. They're really good at this sort of thing. Hard-headed and tenacious.

Posted by: JW at September 30, 2002 4:09 PM


Posted by: at September 30, 2002 5:59 PM

Only a dead candidate can be replaced? How is Toricelli's health, and his personal security?


Posted by: Tom Maguire at September 30, 2002 9:52 PM