NJ appeals judges put tea party group’s recall effort targeting US senator on hold for now

By AP
Tuesday, 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 in the event of an appeal. Menendez and the state have 45 days to file one.

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.

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