GOP Goes to the Supreme Court

Republicans appealed to the Supreme Court on Thursday in hopes of keeping New Jersey Democrats from substituting another candidate for Sen. Robert Torricelli on the November ballot.

Sen. William Frist, chairman of the Senate GOP campaign committee, delivered the request by hand. Republicans want the Supreme Court to block a unanimous ruling from New Jersey's highest court.

The New Jersey court ruled Wednesday that Democrats may place popular former Sen. Frank Lautenberg on the ballot in place of Torricelli, who was admonished by the Senate this summer for his conduct.

Republicans want the high court to rule the New Jersey ruling unconstitutional on grounds that a court and not a state legislature set the "times, places and manner" of a congressional election.

The filing also contended that the state court decision could improperly strip voting rights from New Jersey residents overseas, such as those serving abroad in the military. Some ballots have already been mailed with Torricelli's name on them.

"It is clear that the New Jersey Supreme Court overstepped their authority, overriding the will of the people," Frist said after delivering the paperwork. "The change and switch on the ballot is illegal."

There was no immediate word on whether the high court would block the ballot move, or hear the Republicans' broader appeal. GOP election lawyers said they expect an answer within two days.

The request was addressed first to Justice David H. Souter, who handles appeals from New Jersey.

The Republicans argued that there is more at stake than who becomes the Democratic nominee from New Jersey. Democrats must not be allowed to overturn established state election procedures, they said.

"Prompt action from this court is required to prevent growing public cynicism regarding evenhanded application of election law rules," GOP lawyers wrote.

Democrats control the Senate by one seat, so the New Jersey race could be key in the Nov. 5 elections.

The 2000 presidential election set a precedent for the Supreme Court to get involved in state election fights, the GOP argued.

The high court heard two election-related cases after the too-close-to-call voting that year. The decisive Bush v. Gore case ended ballot recounts in Florida sought by Democrat Al Gore, and effectively called the election for George W. Bush.

"If the lower court ruling is allowed to stand, political parties will be encouraged to withdraw losing candidates on the eve of election, replacing them with candidates who have not gone through the rigors of the nomination process in hopes of snatching victory from the jaws of defeat," the GOP filing said.

Republicans argue it's too close to Election Day to replace Torricelli and the Democrats should not be allowed to dump a candidate just because he seems to be trailing.

New Jersey law bars replacement of candidates less than 51 days before an election, the GOP said. Torricelli withdrew 36 days before Election Day.

But the New Jersey court -- composed of four Democrats, two Republicans and an independent -- said it was more important to have a ballot "bearing the names of candidates of both major political parties" and that state law didn't rule out the possibility of a vacant candidacy within 51 days of the election.

Lautenberg, 78, who was chosen Tuesday by party leaders to replace Torricelli, greeted commuters Thursday morning in Hoboken. He was expected in Washington later in the day to meet with Senate Majority Leader Tom Daschle.

New Jersey Democrats wasted no time Wednesday getting core Democratic supporters energized about Lautenberg.

More than 300 union members crammed into the Trenton War Memorial to cheer Lautenberg, who was greeted by a lively crowd with cheers of "We Want Frank."

"Thank you very much," said Lautenberg, who served three terms but decided not to run again in 2000. "Frank wants you!"

Forrester said he will continue to campaign on the message that New Jersey is dead last in receiving federal dollars and the state needs help to clean its polluted environmental sites.

"We should not be last as we have been for years and years and Frank Lautenberg was part of that," Forrester said.

He said Torricelli's ethics case had prevented the campaign from addressing the issues.

"The Torricelli-Lautenberg machine's disregard for the rule of law, fair elections and the people ... will once again make our great state the butt of national jokes," Forrester said Wednesday night.

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