Lawsuit Presses for November Ballot on McGreevey Successor

[Freddie Stubbs]

By LAURA MANSNERUS and DAMIEN CAVE

Published: September 9, 2004


TRENTON, Aug. 9 - Two voting-rights lawyers urged a federal district judge on Wednesday to order a special election so that New Jersey voters can choose a successor to Gov. James E. McGreevey on the November ballot.

The lawyers, who accused Mr. McGreevey of timing his resignation to ensure that a fellow Democrat would serve the rest of his term, have brought a lawsuit that offers the last possibility for a governor's race this year.

Under the New Jersey Constitution, a special election must be called if a vacancy in the governor's office occurs more than 60 days before the next general election. By remaining in office past Sept. 3, Mr. McGreevey outlasted Republicans and some dissident Democrats who had hoped he would step down in time to force a special election in November. But the two lawyers argue that the vacancy occurred when Mr. McGreevey announced his resignation, on Aug. 12.

Judge Garrett E. Brown Jr. said after a hearing that he would issue a ruling next Tuesday or Wednesday.

more: http://www.nytimes.com/2004/09/09/nyregion/09jersey.html

[freetobegay]

1. Oh boo hoo!

What a bunch of frigging cry babies!

[no_hypocrisy]

2. Talk about a classic frivolous lawsuit! (You listenin' George?)

The New Jersey Constitution is definite about the transition of power in the governorship. The President of the Senate assumes control if the resignation takes place less than 60 days before a general election.

McGreevey announced his INTENTION TO RESIGN on August 12, rather than he was resigning effective that date. Like pre-dating a check. The day that he no longer executes his duties as governor and stops receiving compensation from the state treasury is the day he no longer is in the governorship. That will be in November.

Filing this lawsuit is such a waste of time as the judges have to recognize the New Jersey Constitution and cannot recognize August as the time of resignation.

And if they do rule there must be a special election in less than 8 weeks,. . . well, then it's just another case of "activist judges" like * Administration is always yowling about.