New Jersey
Eligible for Recall: Senator Frank R. Lautenberg, last elected 2008; Senator Robert Menendez, last elected 2006
Signature Requirement: 25% of voters in last election for the Senator
Circulation Time: 320 days
Type of Recall Election: Recall Election Then Special Election
Constitutional Provision: Article 1 Section 2b (1993)
The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections.
Initial Procedure: A recall committee of at least three registered voters is needed to initiate recall proceedings. This process may not begin until 50 days before the completion of the incumbent's first year of the current term in office. The recall committee must notify the appropriate election official of the names and addresses of at least three members of the recall committee. The election official accepting the petition will then review the notice of intention for compliance with statutory provisions, calculate the cost of a special election, and notify committee members of the acceptance or rejection of the notice, within three business days. The election official also notifies the incumbent of the notice of intention of recall within five business days and publishes a notice of the recall effort.
Click here for a more comprehensive look at the operative language. (PDF)
Contact Info:
New Jersey Division of Elections
44 South Clinton Avenue, 7th Floor
P.O. Box 304
Trenton, NJ 08625-0304
Phone: (609) 292-3760
News and Commentary
A Tea Party Fight Liberals Could Get Behind?
(7/30/10)— New video on NationalJournal.com: "A Tea Party Fight Liberals Could Get Behind? Liberal Groups Could Benefit If Conservative Activists Win The Ability To Recall Members Of Congress." This video is part of National Journal's effort to document the recall efforts. Click here to view the video.
Effort to recall Menendez heard in state supreme court
(5/25/10)— “A 1787 letter from George Washington did not appear to trump other texts and events Tuesday as the state Supreme Court hit the history books while hearing arguments on a Tea Party-connected group’s effort to recall U.S. Sen. Robert Menendez. The NJ Supreme Court is set to hear today from New Jersey’s Sussex County Tea Party activists who want to recall Menendez for promoting health care reform and opposing limited government. In a case that is being watched in several states, the recall committee with ties to a Sussex County Tea Party group is seeking the removal of Menendez, D-NJ, whose term expires in 2012. The Committee to Recall Senator Menendez says the senator is a big spender, and it opposes his support of the recently passed health care reform law.” Click here for the full story from NorthJersey.com.
Banned In Trenton: Menendez Tries to Block Recall Brief
(5/12/10)— “On May 12, 2010, U.S. Senator Robert Menendez filed a brief with the New Jersey Supreme Court to deny the Committee to Recall Sen. Robert Menendez the benefit of a friend-of-the-court brief filed by the Conservative Legal Defense and Education Fund and 11 other public interest organizations. The brief supports the right of the people of New Jersey to recall their United States Senators and Representatives, as provided by New Jersey’s Constitution. RoseAnn Salanitri, Chairman of the recall effort (Recallnj.com) asked: “What is Sen. Menendez so afraid of by this amicus brief that he does not want the court to see it or read it?”Michael Laffey of the Messina Law Firm, the local counsel that filed the brief, said, “I have never seen this done before in New Jersey.” According to Sen. Menendez, the brief should be dismissed because it was not filed in a “timely” manner, even though it was filed on May 10, 2010, the very day set by the Court for the filing of briefs by all parties and by amici.” Click here for the full story from RecallNJ.com.
ACRU Files Brief Urging N.J. Supreme Court to Allow Menendez Recall Petitions
(5/10/10)— On May 10, 2010, the American Civil Rights Union filed a brief with the New Jersey Supreme Court urging the justices to affirm a state appellate court ruling ordering the Secretary of State to recognize a recall notice for U.S. Sen. Robert Menendez (D). If the court concurs, petitioners could begin immediately to collect the 1.3 million signatures needed within 320 days to put Menendez on the ballot. Menendez, who was elected in 2006, is not slated for re-election until 2012. The brief, filed by ACRU General Counsel Peter Ferrara, makes it clear that the court is deciding only the validity of a lower court’s ruling that signature gathering is legal, not the constitutionality of the recall measure itself. Click here to download the brief. (PDF) Click here to download the supplemental brief. (PDF) Click here to download the Amicus Brief by the Herb Titus group. (PDF)
NJ AG declines to oppose Menendez recall committee before NJSC
(4/24/10)— “In a stunning development, the New Jersey Attorney General’s office said on Thursday that it will not support the petition for certification by Senator Robert Menendez (D-NJ), who is seeking to have the New Jersey Supreme Court quash an effort by a citizens’ committee to recall him from office, this Examiner has learned. In a letter addressed to the clerk of the Supreme Court, Assistant Attorney General Donna Kelly cited the opinion of the Appellate Division in the case of Committee to Recall Robert Menendez from the Office of United States Senator v. Nina M. Wells et al., stating that invalidating the recall provisions of the New Jersey constitution and authorizing statute would have ‘grave and momentous consequences.’ Kelly indicated the full agreement of the AG’s office with the Appellate Division’s applications of ‘principles of judicial restraint.’” Click here for the full story from Examiner.com.
Recall Committee Responds to Menendez Appeal
(4/22/10)— On April 22, 2010, the Committee to Recall Senator Robert Menendez filed its response to Senator Menendez’s request to the New Jersey Supreme Court to hear his appeal protesting the Senator’s recent loss in the Appellate Court. Click here to download the brief. (PDF)
ACRU Urges NJ Supreme Court to Deny Sen. Menedez Petition to Hear Recall Appeal
(4/21/10)— “Senator Robert Menendez (D-NJ) petitioned the New Jersey Supreme Court to hear his appeal from the ruling of a state appellate court that a citizens committee seeking a recall election to remove him from office could proceed to circulate petitions to collect the signatures required under the New Jersey Constitution to qualify for such an election. The American Civil Rights Union (ACRU) filed an amicus curiae brief on April 21, 2010 with the New Jersey Supreme Court urging it to deny the petition from Senator Menendez to hear the case on the grounds that the circulation of petitions and the collection of signatures is political activity and political expression protected by the First Amendment which consequently should be allowed to proceed.” Click here to download the brief. (PDF)
Senator Menendez Appeals Recall
(4/13/10)— “A brief was filed on April 12, 2010 in Senator Menendez’s behalf petitioning the New Jersey Supreme Court to hear arguments that the recall petition drive should be halted before it has begun. They claim that even though we have the right to elect the Senator, once elected, the People have no control over, nor right to change such a representative until the next election, six years later. Their argument, logically means that even if our Senator was completely incapacitated, and unable to represent our interests, we would have no right to replace him. That decision would lie in the hands of men such as Harry Reid. Clearly, the Founders did not have that situation in mind when they wrote the Constitution.” Click here to download the brief. (PDF)
NJ Tea Party Coalition Seeks Menendez Recall
(4/12/10)— “Led by the Sussex County New Jersey Tea Party Patriots, a coalition of like-minded organizations in the Garden State has filed a petition with the New Jersey Secretary of State to recall Democratic Sen. Robert Menendez. The Tea Party groups’ official reason for calling for Menendez’s ouster by recall is his support for what the groups see as radical agenda items like President Obama’s healthcare overhaul and the controversial cap-and-trade energy tax legislation. But the effort started months before Menendez’s Christmas Eve vote for the Senate healthcare bill.” Click here for the full story from HumanEvents.com.
U.S. Sen. Menendez appeals recall ruling
(4/06/10)— “Calling it an ‘attack on the Constitution,’ a spokesman for U.S. Sen. Robert Menendez yesterday said the Democrat has appealed to the state Supreme Court to stop a recall effort. ‘Mainstream New Jerseyans believe deeply in the U.S. Constitution that for more than 200 years has made ours the greatest form of government in world history,’ said Afshin Mohamadi, a spokesman for Menendez (D-NJ). ‘This attack on the Constitution undermines our uniquely American system of democracy and will be contested.’”(Ackermann, The Record) Click here to read the full article from NorthJersey.com.
ACRU continues defense of Menendez recall effort
(4/02/10) — “The American Civil Rights Union, which filed an amicus curiae brief in support of the appeal by the Committee to Recall Robert Menendez from the Office of United States Senator, today offered a new commentary explaining why the recall of a United States Senator by his State’s voters is constitutional and unaffected by the most-often-cited case law.
John Armor, a member of the ACRU's legal team, offered this commentary in today’s American Thinker. In it he pointed out that the United States Supreme Court has never before heard a specific case involving the recall of a Member of Congress.” Click here for the full story from Examiner.com.
Toyotas Aren’t the Only Things Getting Recalled This Year
(3/17/10) — “On Tuesday, the New Jersey Court of Appeals cleared the way for the recall of Sen. Robert Menendez (D-NJ) to proceed. New Jersey is one of nine states whose constitutions provide broad language with regard to recalling “all, every, any” elected official. This decision could severely endanger the 11 other sitting Senators (all Democrats) in those states, who are not up for re-election this year but could be subject to citizen recall efforts. The American Civil Rights Union filed an amicus brief in this case, which landed in court when the former N.J. Secretary of State denied the approval of a recall petition by several Tea Party groups, declaring that its state constitution was unconstitutional.” Click here for the full story from Townhall.com.
Let the Recalls Begin
(3/17/10) — “A New Jersey state appellate court yesterday gave the green light for approval of the circulation of petitions in that state asking for a recall election to remove Democrat U.S. Senator Robert Menendez. State law in 9 states counting New Jersey specifically provides for the recall of members of Congress, just as former California Governor Gray Davis was recalled and replaced with Governor Arnold Schwarzenegger in a recall election in 2003. Those 9 states are represented by 12 incumbent Democratic Senators who are not otherwise up for reelection this year, potentially putting majority control of the Senate even more in play.&rdquo Click here for the full story from FOXNews.com.
First Ever Recall Effort of a U.S. Senator Cleared by N.J. Court
(3/16/10) — “It has apparently never been done before, but a Tea Party group in New Jersey has won the first round in its effort to recall a U.S. Senator — Democrat Robert Menendez. ‘We are loathe to strike down a component of our State’s charter [Constitution] that fortifies the democratic role of our citizens,’ an Appeals Court panel ruled Wednesday morning. Tea Partiers upset with rising taxes tried last year to get permission from New Jersey’s Secretary of State to begin a petition recall campaign against Menendez. When that was denied, they went to court. And now they’ve won.” Click here for the full story from NBCNewYork.com.
ACRU Cheers New Jersey Court’s Approval of Menendez Recall Petition
(3/16/10) — “It’s a huge win for self-government and the rule of law,” says ACRU’s Susan Carleson. The Appellate Division of the Superior Court of New Jersey this morning ruled that a petition effort by two state Tea parties to recall Sen. Robert Menendez can go forward, pending an appeal by Menendez’s attorney. The 3-0 ruling by the court says that the petition drive must wait 35 days while the Menendez team decides whether to appeal. “The ruling today recognizes that the Constitution protects the political expression of the people of New Jersey in circulating and signing recall petitions,” said Peter Ferrara, General Counsel for the American Civil Rights Union (ACRU). “This is a precedent with national implications for recall efforts in other states, as well.” Click here to read the appellate opinion. (PDF)
New Jersey Democrats Blast Tea Party
(3/10/10) — “New Jersey Democrats are coming out with guns blazing against a tea party-led effort to recall Democratic Sen. Robert Menendez, with the state party chairman going so far as to brand the campaign racist. Last week, newly minted Democratic Chairman John Wisniewski blasted the recall campaign as extremist, saying that it was no accident that it was targeting Menendez, the only Hispanic in the Senate. And without mentioning her by name, Wisniewski took a shot at the recall campaign's leader, Sussex County tea party founder RoseAnn Salanitri.” Click here for the full story from Politico.com.
Stopping the Runaway Congress
(3/3/10) — “The recall of New Jersey Senator Robert Menendez took a step forward yesterday with a promising oral argument in New Jersey state court. The New Jersey Constitution expressly provides for the recall of members of Congress representing the state in a provision adopted by a 75% favorable vote of the people in 1995. The New Jersey state legislature then expressly provided by statute for the procedures for such a recall.” Click here for the full story from BigGovernment.com.
Tea Party Group Seeking to Recall Sen. Robert Menendez Appears Before N.J. Appeals Court
(3/2/10) — “Appearing before a three-judge appellate panel in Trenton today, the attorney representing the Committee to Recall Senator Menendez—which is backed by the state's grassroots conservative Tea Party movement—said his client has a right to begin an effort to remove the New Jersey Democrat.” Click here for the full story from NJ.com.
Location of Recall Committee Hearing Changed
(2/23/10) — “Three Appellate Division judges will hear oral argument in Committee to Recall Robert Menendez v. Nina Wells, Secretary of State et al. on Friday, Feb. 26 at 10 a.m. in the Supreme Court courtroom on the 8th floor of the Richard J. Hughes Justice Complex, 25 Market St., Trenton.” Click here to read the full press release from NJCourtsOnline.com.
Judge Approves Appeal of Menendez Recall Decision to Move Forward
(2/10/10) — “A NJ Superior Court Appellate Judge has granted an emergency motion to fast-track the appeal of a committee seeking to recall a United States Senator. In a two-part order issued late afternoon on Thursday, February 4th, Judge Edwin Stern granted the committee’s motion to accelerate their appeal and scheduled oral arguments for Friday, February 26th. In the same order, the Judge also granted approval for the American Civil Rights Union (ACRU) to participate in the appeal as amicus curiae (friend of the court), in response to an emergent application filed by the ACRU.” Click here for the full story from LibertyChick.com.
Let People Decide, ACRU Says in New Jersey Recall Brief
(2/9/10) — The ACRU filed an amicus brief in support of a grassroots citizens effort to petition for the recall of Sen. Robert Menendez (D-NJ). The Sussex County Tea Party and NJ Tea Parties United, which filed the original petition request to gather signatures as The Committee to Recall Senator Robert Menendez from the United States Senate, contend that Menendez has violated his oath of office by voting for unconstitutional measures such as the attempted government health care takeover bill. The New Jersey Secretary of State at the time rebuffed the request, so the matter is in court. Menendez is up for re-election in 2012; however, a successful recall petition drive could put him on the ballot this November. Click here to read the amicus brief.
Menendez Not the Only US Senator Facing Recall
(2/1/10) — “Senator Robert Menendez (D-NJ) responded today to the appeal by the citizens' committee seeking to recall him, apparently insisting that he is a federal official and thus not subject to the New Jersey constitution's recall provision, according to a source close to the case. ‘So here is a powerful New Jersey resident arguing that his home state's Constitution, passed overwhelmingly by the people of New Jersey, that he claims to represent, is invalid and you can't recall him from office,’ the outraged source told this Examiner. But in fact Menendez is not the only United States Senator to be the target of a recall committee. Senator Mary Landrieu (D-LA) is another.” Click here for the full story from Examiner.com.
Is New Jersey's State Constitution Unconstitutional? Campaign to Recall Senator Menendez Turns Into Battle of the Constitutions
(1/17/10) — “New Jersey's State Constitution is unconstitutional. That's apparently what one New Jersey election official seems to think. A committee seeking approval from the state to petition registered voters on whether to move forward with a special election to recall US Senator Robert Menendez was denied that request, in a letter on January 11th which stated that the US Constitution does not provide for such a proceeding.” Click here for the full story from Big Government.
Each state has its own requirements as to the manner in which petitions must be collected, signed and filed. It is imperative that official recall committees are legally formed in each state according to the state laws and regulations. The handling of the petitions must comply with the laws and regulations of each state.
