N.J. high court will decide if Democrats can replace candidate

TRENTON, N.J. -- The state Supreme Court decided Tuesday to hear arguments over whether Democrats can replace Sen. Robert Torricelli on the November ballot, a day after the senator abruptly dropped out of the race.

The court issued an order saying it would hear the case directly instead of waiting for a lower court to act. The high court hearing is scheduled for Wednesday morning.

The Democrats, who hold a one-seat majority in the Senate, had asked the high court to hear the case directly because of the urgency involved.

Torricelli's end to his scandal-tainted re-election campaign forced Democrats to scramble for a candidate. Democratic officials said Monday they had hoped to announce a new candidate within 48 hours.

A top choice, Rep. Robert Menendez, took himself out of the running Tuesday morning. Menendez, the fourth-ranking Democrat in House leadership, said he wants to remain in the House.

Party officials also were considering such possibilities as former Sens. Frank Lautenberg and Bill Bradley and current House members Frank Pallone and Rob Andrews, according to sources.

Pallone said Tuesday he would consider replacing Torricelli, but added he had not been asked. Lautenberg said he would "seriously consider serving again if asked." An associate said it was unlikely Bradley would accept. Calls to other possible candidates were not immediately returned.

Will decide Wednesday

Angelo Genova, a lawyer for state Democrats, said party officials would meet Wednesday night to decide a replacement. Genova also said a judge signed a temporary restraining order barring clerks from making or mailing ballots until the case is decided.

Torricelli dropped out after his campaign was severely damaged by allegations he improperly accepted expensive gifts from a campaign contributor. The senator was admonished over the summer by the Senate ethics committee.

Under New Jersey law, a party can replace a statewide nominee on the ballot if the person drops out at least 51 days before the election. But only 35 days remained.

Republicans vowed to block any attempt to replace Torricelli this close to the election.

"In 36 days, decency, fairness and the rule of the law will trump this desperate attempt to retain power," said Douglas Forrester, Torricelli's GOP opponent. "The people of New Jersey have had enough of playing politics with the fundamental tenets of democracy."

Democratic Gov. James E. McGreevey said that placing a new candidate on the ballot would be a fair way to resolve the issue and would "give New Jersey voters a chance to speak."

The Democrats are defending their one-seat advantage in the Senate.

Torricelli was elected in 1996 to replace Bradley, the former basketball star who later ran for the 2000 Democratic presidential nomination and lost to Al Gore.

Torricelli's career began to unravel as the public learned more about his relationship with businessman David Chang, who told investigators he gave the senator Italian suits and an $8,100 Rolex watch, among other gifts, in return for Torricelli's intervention in business deals in North and South Korea.