Subject: N.J. Congressional Special Election for Menendez Seat
From: "Scarberry, Mark" <Mark.Scarberry@pepperdine.edu>
Date: 1/29/2006, 9:20 AM
To: "'election-law '" <election-law@majordomo.lls.edu>

Ed Still writes (with a link to his blog for a more complete story):

" <http://www.votelaw.com/blog/archives/003777.html> New Jersey: Gov.
can't call special election for Menendez seat

"AP reports: The U.S. House seat vacated when Robert Menendez was
appointed to the U.S. Senate would remain open until it can be filled
through the November election, under an opinion issued by a state
agency. The non-partisan arm of... "

His blog cites an AP report to the effect that the N.J. legislature's Office
of Legislative Services "has determined that Governor Corzine does not have
the authority to call an early special election for a House vacancy,
according to an opinion made public Thursday by Assembly Democrats."

A question (actually three related questions):

Doesn't US Const. Art. I, sec. 2, cl. 4, require the governor to call an
election (by issuing a Writ of Election)? Does the U.S. Const. therefore
provide the governor with power independent of New Jersey law? (Shades of
the Bush v. Gore concurrence...) Can the failure of a state's legislature to
provide the governor authority to call an election prevent the governor from
fulfilling the Constitutional mandate?

Mark Scarberry
Pepperdine