Justice Dept. Preparing to Bring Corruption Charges Up Against Sen. Bob Menendez

[MaxQue]

R+1

Only if Christie runs

The Governor of New Jersey is authorized to make an appointment to vacancies in the United States Senate. I personally propose he do so and set a special election to take place in June 2016.

No. As New Jersey elects its state legislature on odd years, if the seat is vacated before April 3rd, the election will have to held in November 2015 (or before), according to one reading of the law. The other reading is saying than it would be if it vacated before early September, it would have to be in November 2015.

You see, New Jersey has general elections, this year.

[MaxQue]

R+1

Only if Christie runs

The Governor of New Jersey is authorized to make an appointment to vacancies in the United States Senate. I personally propose he do so and set a special election to take place in June 2016.

No. As New Jersey elects its state legislature on odd years, if the seat is vacated before April 3rd, the election will have to held in November 2015 (or before), according to one reading of the law. The other reading is saying than it would be if it vacated before early September, it would have to be in November 2015.

You see, New Jersey has general elections, this year.

You ignore half of the law at your own peril. Clearly the governor is authorized to override the first clause via a special election.


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.


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.

I don't think he is authorized to call the special election AFTER the date set by the law, through. That is clearly not the spirit of the law and wouldn't be authorised by courts.