# Torricelli quits Senate race - what does NJ Law say about replacing his name?
**URL:** https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391
**Category:** Great Debates
**Created:** [October 1, 2002, 1:25pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391 "2002-10-01T13:25:01Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [October 1, 2002, 1:25pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/1 "2002-10-01T13:25:01Z")
I apologize for the lack of knowledge; all I know is what I’ve read in the paper: to wit, that Torricelli has bowed out of his Senate race, and New Jersey Democrats are seeking to replace his name on the ballot. The law in New Jersey apparently says that changes cannot be made within 51 days of the election. As we’re 34 days away now, it would seem that the issue is a done deal: they can’t.
However, the Democrats are apparently planning to ask the courts to permit them to make the change. I’m not sure what the rationale is, and I’m not sure why they feel they should be permitted to do so.
But Torricelli’s claimed reason was that he was trailing badly in his race, and didn’t want to be responsible for the Democratic loss of the Senate. If he withdraws with no way to replace his name, it’s a guaranteed loss. So I imagine that his action was taken with at least some expectation that the party would be permitted to swap names.
But why? Can someone with an insight to New Jersey law answer this?
- Rick
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### Author:  [@december](https://boards.straightdope.com/u/december)
#### Post date: [October 1, 2002, 2:02pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/2 "2002-10-01T14:02:25Z")
New Jersey judges are reputed to be of two types: partisan hacks and flat out crooks. One might guess that the Democrats hope to get their case heard by one of the former.
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### Author:  [@december](https://boards.straightdope.com/u/december)
#### Post date: [October 1, 2002, 2:56pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/3 "2002-10-01T14:56:13Z")
Here’s a [discussion of New Jersey law](http://www.nationalreview.com/kopel/kopel100102.asp):
> [@](#):
>
> Let’s start with the basic statute on vacancy (NJ Statute 19:13-20):
>
> \*"In the event of a vacancy, howsoever caused, among candidates nominated at primaries, which vacancy shall occur not later than the 51st day before the general election, or in the event of inability to select a candidate because of a tie vote at such primary, a candidate shall be selected in the following manner…
>
> [The] selection made pursuant to this section shall be made not later than the 48th day preceding the date of the general election, and a statement of such selection shall be filed with the Secretary of State or the appropriate county clerk, as the case may be, not later than said 48th day, and in the following manner…"\*
>
> Since the Torricelli “vacancy” is well past the 51-day and the 48-day deadlines of the statute, there is, quite obviously, no procedure for replacing Torricelli’s name on the ballot…
>
> The statute (19:3-26) declares:
>
> \*"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 thirty 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 therefore, 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."\*
>
> This too is quite straightforward. If there is a Senate vacancy, the governor (Democrat James McGreevey) can appoint a Senator to serve until the next general election. A new Senator appointed to replace Torricelli would hold Torricelli’s until the November 5, 2002 election, and on the next day, whoever wins that election would take the Senate seat…
>
> Also note that the statute says nothing about placing anybody’s name on an election ballot. The statute is about filling vacancies in office, not about replacing names on the ballot.
This article makes it sound awfully clear that Torricelli cannot be replaced on the ballot.
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### Author:  [@asterion](https://boards.straightdope.com/u/asterion)
#### Post date: [October 1, 2002, 3:21pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/4 "2002-10-01T15:21:59Z")
The Democrats could try to start a massive write-in campaign, though, right?
Something along the lines of “Write in [Insert Name Here] for Senate”
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### Author:  [@Spoke](https://boards.straightdope.com/u/Spoke)
#### Post date: [October 1, 2002, 3:22pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/5 "2002-10-01T15:22:39Z")
> [@](#):
>
> \*Originally posted by december \*
> **…partisan hacks…**
_Snicker_
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### Author:  [@photopat](https://boards.straightdope.com/u/photopat)
#### Post date: [October 1, 2002, 3:32pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/6 "2002-10-01T15:32:56Z")
I heard Republicans complaining on the radio that the Dem’s are trying to bypass the law by petitioning the NJ Supreme Court, and are using it as an example of unethical political practices. Well, they are _trying_ to bypass the law but that doesn’t mean they’ll be successful. It also doesn’t mean they’re unethical.
It will be unethical if the Supremes say no and the Dem’s ignore the decision and put a name on the ballot anyway. It will also be illegal. (I’m a Democrat and if I was on the court I would say it’s too late for a change.)
IMO, if the Senator in question was a GOP’er I have little doubt that the Pubs would try the same thing.
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### Author:  [@photopat](https://boards.straightdope.com/u/photopat)
#### Post date: [October 1, 2002, 3:33pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/7 "2002-10-01T15:33:33Z")
I heard Republicans complaining on the radio that the Dem’s are trying to bypass the law by petitioning the NJ Supreme Court, and are using it as an example of unethical political practices. Well, they are _trying_ to bypass the law but that doesn’t mean they’ll be successful. It also doesn’t mean they’re unethical.
It would be unethical if the Supremes say no and the Dem’s ignore the decision and put a name on the ballot anyway. (Not that they could, of course.) It would also be illegal. (I’m a Democrat and if I was on the court I would say it’s too late for a change.)
IMO, if the Senator in question was a GOP’er I have little doubt that the Pubs would try the same thing.
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### Author:  [@december](https://boards.straightdope.com/u/december)
#### Post date: [October 1, 2002, 4:07pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/8 "2002-10-01T16:07:46Z")
Here’s an explanation. I don’t get it. Can somebody explain this.
> [@](#):
>
> Possible scenario: The Democrats seem to have a pretty safe alternative if the courts do not allow them to replace Torricelli on the ballot. Under New Jersey law, if Torricelli resigns his seat before Monday, Gov. James McGreevey can call a special election on November 5. Doug Forrester would then run against the person McGreevy names to fill Torricelli’s seat for the remaining two months of his term.
[http://politicalwire.com/archives/000378.html](http://politicalwire.com/archives/000378.html)
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### Author:  [@december](https://boards.straightdope.com/u/december)
#### Post date: [October 1, 2002, 4:23pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/9 "2002-10-01T16:23:54Z")
BTW, here’s an amusing thought. Suppose a NJ judge re-writes NJ law to permit a replacement candidate, and this judge is upheld by the NJ supremes. What we learned in 2000 is that the SCOTUS has the power to overrule the state, since thw suit deals with a federal office. If we’re we’re lucky, we could see a re-run of Gore v. Bush. That would be exciting.
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### Author:  [@CyberPundit](https://boards.straightdope.com/u/CyberPundit)
#### Post date: [October 1, 2002, 5:12pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/10 "2002-10-01T17:12:42Z")
“If we’re we’re lucky, we could see a re-run of Gore v. Bush. That would be exciting.”
It would be especially “exciting” if the control of the Sentate rests on this contest as seems quite possible. That would mean that SCOTUS ,more or less, decided who controlled the excecutive branch in 2000 and will decide who controls (part of) the legislative branch in 2002.
What I can’t understand is why the New Jersey Dems didn’t find someone else for this race. After all this scandal has been in the news for ages and there was talk about Torricelli’s possible resignation way back last summer.
Whatever the reason it could easily end up costing the Dems the Senate.
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### Author:  [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)
#### Post date: [October 1, 2002, 5:21pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/11 "2002-10-01T17:21:50Z")
> [@](#):
>
> \*Originally posted by december \*
> \*\*BTW, here’s an amusing thought. Suppose a NJ judge re-writes NJ law to permit a replacement candidate, and this judge is upheld by the NJ supremes. What we learned in 2000 is that the SCOTUS has the power to overrule the state, since thw suit deals with a federal office. If we’re we’re lucky, we could see a re-run of Gore v. Bush. That would be exciting. \*\*
Well, the Democrats are going directly to the Supreme Court. (They’re not rewriting the law, btw. They’re just asking that, in this case, the deadline requirements in the law would be waived.)
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### Author:  [@december](https://boards.straightdope.com/u/december)
#### Post date: [October 1, 2002, 5:33pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/12 "2002-10-01T17:33:44Z")
> [@](#):
>
> \*Originally posted by Captain Amazing \*They’re not rewriting the law, btw. They’re just asking that, in this case, the deadline requirements in the law would be waived.
:smack:
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### Author:  [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)
#### Post date: [October 1, 2002, 5:45pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/13 "2002-10-01T17:45:13Z")
That’s the New Jersey Supreme Court, btw. I wasn’t clear in my past post.
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### Author:  [@Dewey\_Cheatem\_Undhow](https://boards.straightdope.com/u/Dewey_Cheatem_Undhow)
#### Post date: [October 1, 2002, 6:02pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/14 "2002-10-01T18:02:36Z")
**Captain Amazing** : the deadline is part of the law, isn’t it? Ignoring the deadline would, in fact, be “rewriting the law,” wouldn’t it?
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### Author:  [@Spoke](https://boards.straightdope.com/u/Spoke)
#### Post date: [October 1, 2002, 6:58pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/15 "2002-10-01T18:58:44Z")
I assume that the Supreme Court of New Jersey is not being asked for a waiver, but is being asked to rule that the time limit in question violates the New Jersey constitution.
(Maybe I assume incorrectly.)
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### Author:  [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)
#### Post date: [October 1, 2002, 7:01pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/16 "2002-10-01T19:01:23Z")
Not neccesarily. For example, I work in a telecommunications law firm, and our clients, who hold FCC licenses, are required by law and federal rule, to file certain things with the FCC at certain times. However, sometimes our clients file requests for waiver of a deadline with the FCC, saying, in effect, “We understand that the rule says we have to do this by a deadline, but there are unique and extraordinary reasons that the rule shouldn’t apply in this case, and the public interest would be served by waiving the rule.”
I expect that’s what the New Jersey Democratic party is asking the court to do. I don’t imagine they want the court to get rid of the deadline entirely, but they feel they have a compelling reason that the deadline shouldn’t apply in this unique case. Of course, with no access to their brief, I have no idea what that reason is.
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### Author:  [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)
#### Post date: [October 1, 2002, 7:10pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/17 "2002-10-01T19:10:34Z")
I guess we’ll have to see what exactly they file.
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### Author:  [@december](https://boards.straightdope.com/u/december)
#### Post date: [October 1, 2002, 7:28pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/18 "2002-10-01T19:28:00Z")
**Captain Amazing** , I withdraw my smiley. Your idea of a waiver, rather than an overrule, is not silly.
Let’s assume that a majority of the NJ SC is determined to let the Dems run a candidate. As a practical matter, they have the power to do so. (unless SCOTUS gets involved, which I consider unlikely.)
Anyway, if they want that result, how would they choose to justify it? [ol][li]Waiver. After all, if the candidate died or became disabled, could the party to put in a replacement? (However, apparently the answer is _no_ in the case of the late Patsy Mink.) It’s hard to grant a waiver without throwing out the law. What would happen the next time either party wanted to switch candidates? Also, is the NJ Supreme Court empowered to grant waivers? I don’t think so.[_]Unconstitutional. This seems like a stretch, as there are time limits for everything. [_]Gobbledegook. Some vague discussion of penumbras, etc. [/ol]I think they’ll go with #3.[/li]
Note that the Dems haven’t lost anything even if the NJ court doesn’t go along with them. Toricelli was toast, anyhow. In fact, his sleezy candidacy may have been harming other Dems, to some slight degree. The Dems are better off with NO Senate candidate than with the Torch.
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### Author:  [@minty\_green](https://boards.straightdope.com/u/minty_green)
#### Post date: [October 1, 2002, 8:05pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/19 "2002-10-01T20:05:13Z")
> [@](#):
>
> \*Originally posted by december \*
> Here’s an explanation. I don’t get it. Can somebody explain this.
>
> > [@](#):
> >
> > Possible scenario: The Democrats seem to have a pretty safe alternative if the courts do not allow them to replace Torricelli on the ballot. Under New Jersey law, if Torricelli resigns his seat before Monday, Gov. James McGreevey can call a special election on November 5. Doug Forrester would then run against the person McGreevy names to fill Torricelli’s seat for the remaining two months of his term.
1. Torricelli quits.
2. Governor appoints Joe Democrat to fulfill unexpired term.
3. Governor calls for a special election for the unexpired Senate term, as he is authorized to do. See U.S. Const. amend. XVII and the statute you quoted above
4. Since it’s a _special_ election, Joe Democrat is not subject to the 51/48-day deadline that applies to _general_ elections.
5. Watch **december** ’s head explode.
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### Author:  [@minty\_green](https://boards.straightdope.com/u/minty_green)
#### Post date: [October 1, 2002, 8:10pm UTC](https://boards.straightdope.com/t/torricelli-quits-senate-race-what-does-nj-law-say-about-replacing-his-name/130391/20 "2002-10-01T20:10:38Z")
> [@](#):
>
> \*Originally posted by december \*
> Here’s an explanation. I don’t get it. Can somebody explain this.
>
> > [@](#):
> >
> > Possible scenario: The Democrats seem to have a pretty safe alternative if the courts do not allow them to replace Torricelli on the ballot. Under New Jersey law, if Torricelli resigns his seat before Monday, Gov. James McGreevey can call a special election on November 5. Doug Forrester would then run against the person McGreevy names to fill Torricelli’s seat for the remaining two months of his term.
1. Torricelli quits.
2. Governor appoints Joe Democrat to fulfill unexpired term.
3. Governor calls for a special election for the unexpired Senate term, as he is authorized to do. See U.S. Const. amend. XVII and the statute you quoted above
4. Since it’s a _special_ election, Joe Democrat is not subject to the 51/48-day deadline that applies to _general_ elections.
5. Watch **december** ’s head explode.
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