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

[Frank Askin]

As I read the statute, the vacancy shall be filled at the next General
Election, so long as it is at least 70 days from the event.  The next
General Election in NJ is Nov. 2013. FRANK

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

>>> "Greenberg, Kevin" <Kevin.Greenberg at flastergreenberg.com> 6/3/2013
10:55 AM >>>
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 Repu /blican 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/306030024>

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Posted in election administration
<http://electionlawblog.org/?cat=18>,

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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Posted in campaign finance <http://electionlawblog.org/?cat=10> | 
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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-lautenberg-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-as-crisis-prompts-reform.html?alcmpid=politics>.

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and election law <http://electionlawblog.org/?cat=22> | Comments Off


    "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-20130531,0,7310214.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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Posted in voting <http://electionlawblog.org/?cat=31> | Comments Off


    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-employees-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-scandals-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_movement/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-chapters-in-civil-rights-history?ft=1&f=1003>

for NPR.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>, Voting 
Rights Act <http://electionlawblog.org/?cat=15> | Comments Off

-- 
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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