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

Mark Schmitt schmitt.mark at gmail.com
Mon Jun 3 08:39:59 PDT 2013


Or, double jujitsu, Christie appoints a Democrat who is NOT Cory Booker,
making the Dem county bosses who helped him become governor very happy, and
also appearing post-partisan. That candidate would probably be Rep. Rob
Andrews.

Mark Schmitt
Senior Fellow, The Roosevelt Institute <http://www.rooseveltinstitute.org/>
202/246-2350
gchat or Skype: schmitt.mark
twitter: mschmitt9


On Mon, Jun 3, 2013 at 11:20 AM, Greenberg, Kevin <
Kevin.Greenberg at flastergreenberg.com> wrote:

> Apparently both sections containing the discrepancy are in the same law
> (chapter law 37 of 2011).
> http://www.njleg.state.nj.us/2010/Bills/PL11/37_.HTM  This could get
> interesting.
>
> That said, if you want to see political jujitsu, whenever the primary is
> called, what if Christie appoints Booker and then campaigns for him?
>
> In the 2016 primary, Governor Christie would have to defend it to the
> base, but I suspect he could do so and people who would hate him for this
> already hate him for working with the President.  And in the 2016 general,
> it's political jujitsu and would make him very "post-partisan".
>
>
>
>
> 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 Michael P
> McDonald
> Sent: Monday, June 03, 2013 11:14 AM
> To: 'law-election at UCI.edu'
> Subject: Re: [EL] Lautenerg's replacement, Christie's dilemma
>
> I'm with Keith...run the Senate election on the November calendar. With
> Christie running strong, not only does a big win give him legitimacy, but
> it provides a dry run for November 2016 to test out ways to reach out to
> Democrats. The downside is that those are not the voters he needs to win
> over to secure the Republican nomination.
>
> ============
> Dr. Michael P. McDonald
> Associate Professor
> George Mason University
> 4400 University Drive - 3F4
> Fairfax, VA 22030-4444
>
> phone:   703-993-4191 (office)
> e-mail:  mmcdon at gmu.edu
> web:     http://elections.gmu.edu
> twitter: @ElectProject
>
>
> -----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>)
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51201&title=New%20Jersey%20Vacancy%20Statute&description=
> >
> Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
>
>
>     "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
> >
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51198&title=%E2%80%9CSome%20used%20P.O.%20box%20as%20address%3A%20Is%20that%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/>.
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51194&title=Bauer%20on%20Bright%20and%20Fuzzy%20Lines&description=
> >
> 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-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."
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51191&title=%E2%80%9CSen.%20Frank%20Lautenberg%20dead%20at%2089%E2%80%B3&description=
> >
> Posted in Uncategorized <http://electionlawblog.org/?cat=1> | Comments Off
>
>
>     "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
> >.
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51189&title=%E2%80%9CIRS%20Gift%20Rule%20Turned%20on%20Politics%20as%20Crisis%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-20130531,0,7310214.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.
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51186&title=%E2%80%9CIn%20Takoma%20Park%2C%20starting%20the%20voting%20habit%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-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.
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51183&title=IRS%20Scandal%20Directed%20by%20Whom%20in%20Washington%3F&description=
> >
> Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
> and election law <http://electionlawblog.org/?cat=22> | Comments Off
>
>
>     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.
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51180&title=IRS%20Scandal%20Directed%20from%20Washington%3F&description=
> >
> Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax law
> and election law <http://electionlawblog.org/?cat=22> | Comments Off
>
>
>     "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.
>
> Share
> <
> http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D51177&title=%E2%80%9CCourt%20Prepares%20To%20Write%20New%20Chapters%20In%20Civil%20Rights%20History%E2%80%9D&description=
> >
> 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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