[EL] Lautenerg's replacement, Christie's dilemma

[Adam Bonin]

There are two laws which appear to be in conflict, only one of which
mentions the primary date as a tripwire:

http://law.onecle.com/new-jersey/19-elections/3-26.html

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.

http://law.onecle.com/new-jersey/19-elections/27-6.html

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.

-----Original Message-----
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of
Greenberg, Kevin
Sent: Monday, June 03, 2013 10:56 AM
To: 'law-election at UCI.edu'
Subject: Re: [EL] Lautenerg's replacement, Christie's dilemma

Frank,

As I understand it, that is not an issue because we are within 30 days of
the primary (tomorrow).  As such, Governor Christie's appointee will serve
until a special election held in November 2014 (simultaneously with the
general for the seat).  

Other than Constitutional requirements of residency and age, Governor
Christie has no restrictions on his appointment.  

Kevin


Kevin Greenberg 
(215) 279-9912 


-----Original Message-----
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Frank
Askin
Sent: Monday, June 03, 2013 10:43 AM
To: Rick Hasen; law-election at UCI.edu
Subject: [EL] Lautenerg's replacement, Christie's dilemma

An off the top of my head observation.  
        NJ must hold an election to fill Lautenerg's seat in November unless
Gov. Christie picks an earlier date for a special election. In the meantime,
Christie can appoint an interim Senator to serve until the election.  It
would seem to be in Republican interest to allow Christie's choice to serve
as long as possible, but that would mean that the Democratic candidate for
the Senate seat - who most likely will be Corey Booker - will be on the
ballot when Christie is running for reelection.  And that would probably
mean a much larger Democratic turnout in an otherwise low turnout off-year
election.  Hmmm?  FRANK ASKIN

Prof. Frank Askin
Distinguished Professor of Law       and Director
Constitutional Litigation Clinic
Rutgers Law School/Newark
(973) 353-5687

>>> Rick Hasen <rhasen at law.uci.edu> 6/3/2013 10:23 AM >>>

    New Jersey Vacancy Statute <http://electionlawblog.org/?p=51201>

Posted on June 3, 2013 7:15 am <http://electionlawblog.org/?p=51201> by

Rick Hasen <http://electionlawblog.org/?author=3>

Here <http://law.onecle.com/new-jersey/19-elections/3-26.html>:

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.

(h/t Doug Chapin
<https://twitter.com/HHHElections/status/341557738540761089>)

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    "Some used P.O. box as address: Is that vote fraud?"
    <http://electionlawblog.org/?p=51198>

Posted on June 3, 2013 7:11 am <http://electionlawblog.org/?p=51198> by

Rick Hasen <http://electionlawblog.org/?author=3>

The /Cincinnati Enquirer /reports. 
<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201306030522/NEWS/306
030024>

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0that%20vote%20fraud%3F%E2%80%9D&description=>
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The Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off


    Bauer on Bright and Fuzzy Lines
<http://electionlawblog.org/?p=51194>

Posted on June 3, 2013 7:06 am <http://electionlawblog.org/?p=51194> by

Rick Hasen <http://electionlawblog.org/?author=3>

Here
<http://www.moresoftmoneyhardlaw.com/2013/06/controversial-speech/>.

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    "Sen. Frank Lautenberg dead at 89?
    <http://electionlawblog.org/?p=51191>

Posted on June 3, 2013 7:04 am <http://electionlawblog.org/?p=51191> by

Rick Hasen <http://electionlawblog.org/?author=3>

WaPo 
<http://www.washingtonpost.com/blogs/post-politics/wp/2013/06/03/frank-laute
nberg-dead-at-89/>:

"Sen. Frank Lautenberg (D-N.J.), the last World War II veteran in the 
Senate and the chamber's oldest member, has died, according to two 
Democrats. He was 89....Lautenberg's death means the seat will be
filled 
temporarily by an appointee selected by Republican Gov. Chris Christie.

And in addition to holding an election for a full term in 2014, there 
also will be a special election later this year."

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    "IRS Gift Rule Turned on Politics as Crisis Prompts Reform"
    <http://electionlawblog.org/?p=51189>

Posted on June 3, 2013 7:00 am <http://electionlawblog.org/?p=51189> by

Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg reports 
<http://www.bloomberg.com/news/2013-06-03/irs-gift-rule-turned-on-politics-a
s-crisis-prompts-reform.html?alcmpid=politics>.

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    "In Takoma Park, starting the voting habit early; City becomes the
    first in America to lower the voting age to 16?
    <http://electionlawblog.org/?p=51186>

Posted on June 2, 2013 8:26 pm <http://electionlawblog.org/?p=51186> by

Rick Hasen <http://electionlawblog.org/?author=3>

Timothy Male and Rob Richie oped. 
<http://www.baltimoresun.com/news/opinion/oped/bs-ed-voting-age-20130531,0,7
310214.story>

The two of them and Michael McDonald discussed the issue 
<http://thekojonnamdishow.org/shows/2013-05-29/boosting-voter-turnout-local-
elections>on

the Kojo Nnaamdi Show.

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0habit%20early%3B%20City%20becomes%20the%20first%20in%20America%20to%20lower
%20the%20voting%20age%20to%2016%E2%80%B3&description=>
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    IRS Scandal Directed by Whom in Washington?
    <http://electionlawblog.org/?p=51183>

Posted on June 2, 2013 8:20 pm <http://electionlawblog.org/?p=51183> by

Rick Hasen <http://electionlawblog.org/?author=3>

CNN 
<http://politicalticker.blogs.cnn.com/2013/06/02/issa-cincinnati-irs-employe
es-say-direction-came-from-washington/>:

    But two Democratic congressional sources involved in the IRS
    investigation told CNN's Dana Bash that Issa's characterization of
    the interviews is misleading.

    Their impression from the Cincinnati employees was that the
    Washington connection the employees were referring to were tax
    attorney specialists. These individuals answer questions from the
    tax-exempt division in Ohio about what level of political activity
    is acceptable for 501(c)(4) status, the sources said.

    The tax attorneys work in what is known as the EO Technical
    Unit--which is in Washington.

    According to the sources, an employee identified a tea party case
in
    February 2010 with a problem: The group had checked the box saying
    it engaged in political activity, but the line agent was not sure
    how much political activity was allowed for tax exempt status.

    (IRS rules dictate that tax exempt groups are allowed to do some
    type of political advocacy as long as social welfare is their
    primary activity.)

    The employee's question was sent up through the line to
Washington,
    the sources said, where the tax attorney experts were asked to
    develop future guidance to answer that question, as multiple tea
    party groups were beginning to take shape in 2010.

    The Democratic sources said that's why Washington asked for more
    cases, like in the example of the Cincinnati employee who was
asked
    to send two specific cases.

    However, the sources maintained this was not when the actual
    targeting began, nor who did it. They're hoping to get more
answers
    in interviews with two other employees next week.

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    IRS Scandal Directed from Washington?
    <http://electionlawblog.org/?p=51180>

Posted on June 2, 2013 7:51 pm <http://electionlawblog.org/?p=51180> by

Rick Hasen <http://electionlawblog.org/?author=3>

NYT: 
<http://www.nytimes.com/2013/06/03/us/as-congress-returns-legislation-and-sc
andals-vie-for-attention.html?pagewanted=all>

    Mr. Issa ratcheted up the pressure over the weekend with the
    selective release of excerpts from continuing committee interviews
    with I.R.S. employees in Cincinnati involved in the added scrutiny
    of Tea Party
   
<http://topics.nytimes.com/top/reference/timestopics/subjects/t/tea_party_mo
vement/index.html?inline=nyt-classifier>
    groups and other conservative associations.

    In one excerpt, an employee said I.R.S. officials in Washington as
    far back as March 2010 had ordered up the screening of
tax-exemption
    applications for references to "Tea Party" and other conservative
    keywords. By April that year, the employee had forwarded 7 of
around
    40 screened cases to Washington.

    Another employee told committee investigators of seeking another
job
    in July 2010 because of "micromanagement" from Washington.

    "It was the whole Tea Party. It was the whole picture," the
employee
    said, according to the excerpt. "I mean it was the
micromanagement,
    the fact that the subject area was extremely sensitive, and it was
    something that I didn't want to be associated with."

    None of that constituted evidence of wrongdoing at the White
House,
    but Republicans suggested on Sunday that such evidence would
emerge
    in due time.

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    "Court Prepares To Write New Chapters In Civil Rights History"
    <http://electionlawblog.org/?p=51177>

Posted on June 1, 2013 1:41 pm <http://electionlawblog.org/?p=51177> by

Rick Hasen <http://electionlawblog.org/?author=3>

Liz Halloran reports 
<http://www.npr.org/2013/06/01/187600564/court-prepares-to-write-new-chapter
s-in-civil-rights-history?ft=1&f=1003>

for NPR.

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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu 
http://law.uci.edu/faculty/page1_r_hasen.html 
http://electionlawblog.org 

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