NJ appeals judges: Tea party group must wait for final ruling on effort to recall US senator
By APTuesday, March 16, 2010
NJ court: Tea party bid to oust senator must wait
TRENTON, N.J. — A New Jersey appeals court has put on hold a conservative tea party group’s effort to throw a Democratic U.S. senator out of office.
The three-judge panel Tuesday initially ordered the secretary of state to accept the group’s petition seeking to recall Sen. Robert Menendez. But then court issued a stay because the case is likely to be appealed.
The group wants to begin collecting the 1.3 million voter signatures they need to get a recall on the ballot.
The court set aside the larger question of whether voters have a constitutional right to recall a federal lawmaker.
New Jersey is among 18 states that allow recalls of statewide elected officials. There is no right to recall congressmen and senators under the U.S. Constitution.
The court says it would take up that question if the petition drive succeeds.
