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New Jersey Supreme Court Rules in Favor of Dems Replacing 'Torch' on Ballot

AP

Angelo Genova argued the New Jersey Democratic Party's case for a replacement candidate before the state Supreme Court.

Wednesday, October 02, 2002

TRENTON, N.J. — The New Jersey state Supreme Court ruled Wednesday that the party can replace Sen. Robert Torricelli's name on the November ballot with former Sen. Frank Lautenberg.

The ruling gives hope to Democrats scrambling to retain their one-seat majority in the U.S. Senate through the Nov. 5 election -- but Republicans vowed to appeal the decision to the U.S. Supreme Court.

Lautenberg, 78, served three terms in the Senate before retiring in 2000.

The Democrats argued earlier in the day that it wasn't too late to replace Torricelli, 51, even though he dropped out with only 36 days to the election. Republicans believed the law specified that a candidate can't be replaced when they drop out less than 51 days from the election.

Torricelli abruptly dropped out of the race Monday, citing continued questions of his ethics after a scandal involving illegal campaign donors.

"It is in the public interest and the general interest of the election laws to preserve the two-party system and to submit to the electorate ballot bearing the names of candidates of both major political parties as well as of all qualifying parties and groups," the court ruled in a unanimous decision.

AP AP Former Sen. Frank Lautenberg

The court said that the state Democratic Party must pay for the ballots to be reprinted. State election officials estimate it will cost about $800,000 to do that.

State Attorney General David Samson will oversee the effort to certify the ballots, the court said.

"The winners in this case were the citizens of New Jersey," said Angelo Genova, who argued the case for the state Democratic Party. "Voters will have the right to choose. Doug Forrester will have to face a vibrant opponent."

Republicans said they planned Thursday to file a motion in U.S. District Court in Trenton and petition the U.S. Attorney General to order that all absentee ballots that have been printed are mailed immediately. Also, the party said they will ask that any move to alter ballots sent overseas be blocked.

For nearly three hours Wednesday, the seven justices -- four Democrats, two Republicans and one independent -- peppered lawyers, state election officials and even some third-party candidates with detailed questions.

They questioned whether it was possible this late in the game to print and pay for new ballots, and whether it was fair to bend the rules to accommodate the Democrats' request.

AP AP Sen. Robert Torricelli

"Here we have a candidate, he's capable, he's able, he's just changed his mind about running," Associate Justice Jaynee LaVecchia said.

John Carbone, an attorney representing the county clerks, had said time was critical.

"If we go beyond Wednesday of next week, Tuesday of next week, it's not going to be doable no matter how deep the pockets," Carbone said.

No one is sure how voters will react if the court is seen offering a partisan decision, or if the legal action will divert voter attention from the campaign, said Ingrid Reed, a professor at the Eagleton Institute of Politics.

"They sure knew about Torricelli and had an informed opinion about him. They were paying attention," Reed said. "I think the voters were listening and certainly if Democrats are going to get any votes out of this switch, the are going to get the votes from Democrats they may have lost thanks to the scandal."

The justices on Wednesday even heard from the minor parties, with representatives of the Green, Libertarian and Conservative parties arguing that the debate about replacing Torricelli ignores the fact that there are other legally valid candidates.

Meanwhile on Wednesday, Democrats planned Lautenberg's campaign and negotiated the transfer of funds and operations from Torricelli's operation. The Democratic State Committee voted unanimously Wednesday to approve Lautenberg as their choice.

-- Anonymous, October 02, 2002

Answers

I can see why the minor party candidates are outraged. My understanding is that the Republican, Forrester, has yet to really define himself, except for constantly pointing out that he's not Torricelli. Not that any of the minor candidates would win, in the absence of a Democrat, but it might be possible to make quite a spash and build for the future.

-- Anonymous, October 03, 2002

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