On the news that Torch may be dropping out, let me be the first (before Eric Alterman wakes up) to suggest running Bruce Springsteen in his place.
UPDATE: Here's the story.
The punchline is that in order for their to be a new candidate on the ballot, Torch has to resign.
Under New Jersey law, a political party can replace a statewide nominee on the ballot if the person drops out at least 48 days before the election. But only 36 days remain until the Nov. 5 election, meaning Democrats would have to seek approval from the state attorney general. That would likely result in a court challenge from Republicans.
Under state law, if the candidate resigns his office or dies with more than 30 days to the election, the governor can appoint a new candidate. If it happens with less than 30 days before the election, the race can be canceled and the governor can set a new date for a special election.
UPDATE 2: Anyone know what the timetable is for setting a special election? It looks like Torch can resign, a replacement can be appointed, and the election cancelled/postponed.
UPDATE 3: Here's the statute, thanks to my legal analyst Melic.
19:3-26. Vacancies in United States senate; election to fill; temporary appointment by governor
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 thirty 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.
It sounds like if Torch quits within 30 days of the election, the Gov. can appoint a temporary replacement and put off any election until '04.
