A state appellate panel today ruled New Jersey Secretary of State must accept a petition that citizens filed to recall U.S. Sen. Robert Menendez.
The court stayed its decision to allow Menendez (D-N.J.) to appeal its ruling.
NJ Tea Parties United and the Sussex County Tea Party are targeting Sen. Menendez, (D-N.J.) because he supports health-care reform. Members also oppose his past votes in favor of government spending.
The case — which puts the state in the unusual position of arguing against its own law and calling part of its constitution unconstitutional — began last fall after then-Secretary of State Nina Mitchell Wells rejected the committee’s notice that it intended to begin a recall effort against Menendez. The removal process requires the secretary of state to approve such a notice before a recall committee can begin generating petitions.
After the notice is approved, the committee then must secure the signatures of 25 percent of registered voters of the affected district before a recall election can be held. There were 5.2 million registered voters in November, meaning the committee would have to secure 1.3 million signatures.
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http://www.nj.com/news/index.ssf/2010/03/court_says_nj_tea_party_cannot.html