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

Mon Jun 3 08:21:20 PDT 2013

According to Ian Millhiser, who spotted this first, both provisions emanated
from the same 2011 enactment:

http://thinkprogress.org/justice/2013/06/03/2091771/nj-election-law-disagree
s-with-nj-election-law-about-how-long-christies-senate-appointee-will-serve/

-----Original Message-----
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Gaddie,
Ronald K.
Sent: Monday, June 03, 2013 11:08 AM
To: Frank Askin; Kevin Greenberg; 'law-election at UCI.edu'
Subject: Re: [EL] Lautenerg's replacement, Christie's dilemma

Litigation time baby!

Ronald Keith Gaddie, Ph.D.
Professor of Political Science
General Editor, Social Science Quarterly Co-editor, The American Review of
Politics The University of Oklahoma
455 West Lindsey Street, Room 222
Norman, OK  73019-2001
Phone 405-325-4989
Fax 405-325-0718
E-mail: rkgaddie at ou.edu
http://faculty-staff.ou.edu/G/Ronald.K.Gaddie-1
http://socialsciencequarterly.org

________________________________________
From: law-election-bounces at department-lists.uci.edu
[law-election-bounces at department-lists.uci.edu] on behalf of Frank Askin
[faskin at kinoy.rutgers.edu]
Sent: Monday, June 03, 2013 10:05 AM
To: Kevin Greenberg; 'law-election at UCI.edu'
Subject: Re: [EL] Lautenerg's replacement, Christie's dilemma

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/306
030024>

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0that%20vote%20fraud%3F%E2%80%9D&description=>
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> | Comments
Off

    "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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0Crisis%20Prompts%20Reform%E2%80%9D&description=>
Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law 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-20130531,0,7
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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3Fp%3D51186&title=%E2%80%9CIn%20Takoma%20Park%2C%20starting%20the%20voting%2
0habit%20early%3B%20City%20becomes%20the%20first%20in%20America%20to%20lower
%20the%20voting%20age%20to%2016%E2%80%B3&description=>
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-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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description=>
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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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Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law and
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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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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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