The effort to recall Senator Robert Menendez (D-NJ) from his office now has the attention of Rasmussen Reports. Their results show that the Menendez recall effort can succeed--if the recall committee can get their message out. They also show that Menendez would have greater difficulty getting re-elected in 2012, even if the recall bid failed--and if the recall question were to reach the ballot, he might well lose. (continued)
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The Committee to Recall Senator Robert Menendez
Will Finally Have Their Day in Court
Posted February 24, 2010
The day many of us have been waiting for, Friday, February 26th, has been postponed to Tuesday, March 2nd due to inclement weather. Dan Silberstein and Richard Luzzi, attorneys representing the Recall Committee, will be appearing in Mercer County’s Hughes Justice Complex in Trenton at 10:30 AM. They will be joined by Peter Ferrara, the Attorney for the American Civil Rights Union, who has filed an amicus brief in defense of the Committee’s civil rights.
Since this is a matter of great concern to the citizens of New Jersey and has recently received media attention, we are anticipating that many of our supporters and opposing protesters are planning to demonstrate outside of the courthouse. We respectfully ask those intending to go to Trenton on our behalf , behave in a manner that respects the court and the system – the same system of law we are working so hard to preserve. While those who oppose our intitiative may seek to disturb the peace, we believe our citizens are protectors of the peace and therefore should act accordingly. To all wishing to attend, please dress conservatively, and if you plan on carrying signs, we ask that they be handmade and not controversial. We are sure that the media will also be attending and will be looking to capitalize on any behavior that can be interpreted as radical in any way, shape or form.
Thanks to all who have been supportive of this initiative and we are counting on your cooperation. Without it, we will not succeed and the consequences for our country can be dire.
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Menendez NJ Recall Update: The Tea Party Goes to Court
It’s Not About the Recall, It’s About the First Amendment
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Judge Approves Appeal of Menendez Recall Decision to Move Forward;
Will Hear Oral Arguments February 26th;
American Civil Rights Union to Join Appeal
Posted February 8, 2010
Mercer County, New Jersey – February 6, 2010.
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.
The case stems from a January 11th final agency determination by NJ state election officials, in which the Secretary of State denied a Notice of Intention and proposed petition filed by the Committee to Recall Robert Menendez. Former Secretary of State Nina Wells wrote in the letter,
“It has been determined that the qualifications and election of a Member of the United States Senate is a matter of exclusive jurisdiction of federal authority and that neither the United States Constitution nor federal statute provide for a recall proceeding for a federally-elected official…Therefore, in my capacity as the Chief Election Official of the State of NJ, I hereby determine that neither the Notice of Intention to Recall nor the proposed Petition can be accepted for filing or review.”
Members of the Sussex County Tea Party formed the recall committee and had filed the Notice back in September, 2009, hoping to move onto the phase of petitioning the public for signatures in support of requesting a recall election.
Dan Silberstein and Richard Luzzi, attorneys for the committee, have challenged the state's decision, contending that the issue at hand is not one of whether the State has the power to issue a judicially enforceable recall order of a U.S. Senator, as the respondents maintain, but it is a question of first amendment rights. Their brief reads in part,
"Can the State [of NJ], after amending its Constitution and passing legislation to guarantee its citizens access to a formal, State-endorsed mechanism to foster collective “core political speech”, deny its citizens access to that mechanism because of the content of their political message?"
While the constitutionality of a 1995 amendment to NJ's state Constitution that granted citizens the power to recall federal officials may be open to debate, there has never been any federal court decision holding that the States do not have the power to recall their Senators. Some might contend that it is premature to determine the enforceability of a State’s recall order before a ruling on it has ever been issued.
Due to its potential broader constitutional implications, the case also attracted the attention of the American Civil Rights Union. Peter Ferrara, General Counsel for the ACRU, recently sought approval from Silberstein and Luzzi to participate in the appeal as amicus curiae, and they were happy to oblige.
The ACRU was founded in 1998 by Robert B. Carleson, long time policy advisor to President Reagan, as a non-partisan, non-profit 501(C)(3), legal/educational policy organization dedicated to defending constitutional rights. Its policy board includes former US Attorney General Edwin Meese III; Pepperdine Law School Dean, Kenneth Starr; and former Assistant Attorney General for Civil Rights, William Bradford Reynolds, among many others. In addition to the public interest in this matter regarding the functioning of our democracy and the constitutional rights of the citizens of NJ, the ACRU also maintains that the recall of US Senators is a matter of broad, national public interest across the entire country. It plans to file a brief addressing the right of recall in NJ under the law of the state of NJ, the Constitution of NJ, and the US Constitution. For more information on the state’s provisions for recall, visit recallcongressnow.org
Oral arguments will be heard by Judges Stern, Graves, and Sabatino at 10:00am on Friday, February 26th in the Appellate Division courtroom in Trenton, NJ.
Legal Contact:
Dan Silberstein, Esq.
Phone: (732) 388-8600, Email: dsilberstein@dpspc.com
Sussex County Tea Party Contact:
RoseAnn Salanitri, Founder (Branchville, NJ)
Phone: (973)948-8553, Email: emailroseann@gmail.com
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Attorneys for Respondents:
Paula Dow, Acting Attorney General of NJ, on behalf of respondents [former] Secretary of State and the Director of the Division of Elections
Angelo Genova, of Genova Burns and Marc Elias, of Perkins Coie, LLP, attorneys for Senator Robert Menendez
The Committee to Recall Robert Menendez from the Office of U.S. Senator v. Nina Mitchell Wells, Esq., Secretary of State, and Robert F. Giles, Director of the Division of Elections; Appellate Docket No. is A-2254-09 T1.
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UPDATE
Posted 1/28/2010
The recall petition submitted to the State to begin to take signatures was also sent to Senator Menendez last week (Friday) as requested by the Judge reviewing the appeal. This was only a notification to Senator Menendez that a request to begin taking signatures was submitted.
We are waiting for the determination from the Judge as to whether we can begin taking signatures. We may receive word as soon as next week to begin. The lawyers continue to submit any necessary paperwork to get the approval to proceed with the recall petition. Please realize that approval of the petition itself to collect signatures is what we are seeking. Once the approval is received to proceed we will call upon all of our members to collect signatures; the member groups of NJ Tea Parties United (statewide) will also collect signatures. Only when sufficient signatures are collected can the actual petition be submitted and a decision to remove Senator Menendez be sought.
Was it a coincidence that Senator Menendez after receiving the paperwork on Friday was all over the talk shows during the weekend? Perhaps or perhaps not….you be the judge.
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Determination on Menendez Recall Cites NJ Constitution and Uniform Recall Election Law as Unconstitutional; Judge May Consider Appeal
Posted 1/17/2010
A judge in the Superior Court of New Jersey Appellate Division has granted an application to file an emergent motion in the case of Committee to Recall Robert Menendez v. Nina Wells, Secretary of State, et al. On Thursday, January 14th, Judge Jack Sabatino issued an order allowing the plaintiff to file a motion to accelerate the appeal and to file the supporting brief.
Attorneys for The Committee to Recall Robert Menendez from the United States Senate, plaintiff, filed the application on Wednesday, seeking an accelerated review of a "final determination" of January 11, 2010, made by state election officials on a Notice of Intention to Recall filed by the committee. The election officials' determination not only prohibits the plaintiff from moving forward with the recall petition under New Jersey’s Uniform Recall Election Law, but also suggests that New Jersey’s recall statutes, as well as the recall provisions in the New Jersey Constitution adopted in 1993, are unconstitutional. The relevant provision, Article 1, Paragraph 2B, states that the people may recall “any elected official in this State or representing this State in the United States Congress”.
In a letter dated January 11th, New Jersey Secretary of State Nina Wells responded as follows:
“It has been determined that the qualifications and election of a Member of the United States Senate is a matter of exclusive jurisdiction of federal authority and that neither the United States Constitution nor federal statute provide for a recall proceeding for a federally-elected official. Therefore, in my capacity as the Chief Election Official of the State of New Jersey, I hereby determine that neither the Notice of Intention to Recall nor the proposed Petition can be accepted for filing or review.”
The response comes nearly four months after the Notice of Intent to Recall was initially filed.
"After ignoring the statutes for almost four months, the Secretary of State has unilaterally declared that the statutes and Article 1, Paragraph 2B of the New Jersey Constitution is unconstitutional," said Daniel Silberstein, one of the attorneys representing the Recall Committee.
Silberstein and Richard Luzzi, co-counsel for the plaintiff, will appeal based upon the premise that the Recall Committee has a constitutional right to a certified recall petition, which should also be considered political speech, a type of speech afforded the highest protection by both State and Federal courts. They maintain that the Committee should be permitted to collect signatures on a certified petition and present the required number of signatures to call an election, before a court intervenes to resolve any questions surrounding the validity of New Jersey Constitution’s recall provision and the Uniform Recall Election Law.
The recall committee, formed by several members of a local grassroots group, Sussex County Tea Party, filed a Notice of Intent back on September 25th, 2009. The Division of Elections and Secretary of State's office acknowledged receipt of the Notice on October 5th, 2009, but took no further action on it. Pursuant to N.J.S.A 19:27A-7, within three days, recall election officials must either approve the Notice or reject it and provide reason for non-compliance and allow for amended re-filing.
When the state failed to respond, the Committee filed another Notice of Intent on November 10, 2009, and then filed a civil lawsuit on December 2nd, 2009 to force the Division of Elections to respond. The committee’s attorneys filed a motion for summary judgment, which was scheduled to be heard on February 5. However, the Secretary of State’s response of January 11 effectively renders that lawsuit and motion moot.
The attorneys for the Committee are planning to file a motion for an injunction compelling the Secretary of State to approve the Notices pending the final determination of the case, along with their request that the Court reverse the determination of January 11.
Contact:
Sussex County Tea Party contact:
RoseAnn Salanitri, Founder (Branchville, NJ)
Legal Contact:
Dan Silberstein, Esq.
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Sussex County Tea Party Committee Announces Campaign to Recall Senator Robert Menendez
Please note: One of the links below has been corrected as of 12/26/09 12:20 PM - originally njrecallnow.blogspot.com had been erroneously listed as njrecallnow@blogspot.com
A “Committee to Recall U.S. Senator Robert Menendez,” sponsored by the Sussex County Tea Party has announced plans to launch an effort to recall Senator Robert Menendez from his position in office. Helping to lead the charge is New Jersey Tea Parties United, the state's grass-roots coalition of county and regional Tea Party groups representing several thousand members in support of fiscal responsibility, individual liberty and limited government. The Committee filed a formal Notice of Intention to Recall with the Secretary of State's office on September 25, 2009. While the office of the Secretary of State acknowledged receipt of the Committee's Notice of Intention to Recall in a letter dated October 5, 2009, it has since provided no further communication. NJ state law requires that administrators respond either with an approval or with a notice of non-compliance stating the reasons within three business days of receiving the Notice, which was October 4, 2009. Since no response had been received, on November 25, 2009, the Committee filed a civil complaint in the Essex County Superior Court of New Jersey against Nina Mitchell Wells, Secretary of State and Robert F. Giles, Director of the Division of Elections, demanding that the defendants be ordered to immediately and forthwith comply with state law by issuing a response to the Committee’s Notice of Intention. To date, the Secretary of State has ignored the Notice and the Complaint in violation of state law and the Committee is awaiting a decision from the court. For up to date information, go to: njrecallnow.blogspot.com, www.defendingamericanfreedom.com, or www.njteapartiesunited.org.
Once the notice is approved by the state or by court Order, the Committee to Recall along with NJ Tea Parties United will spearhead a large coordinated petition drive to collect signatures in support of a special recall election. NJ state law requires a minimum number of signatures equivalent to at least 25% of the prior general election's registered voters in order to grant a special recall election.
Appointed to a special one-year term by Governor Jon Corzine in November 2005, Robert Menendez was subsequently elected in 2006 during the mid-term election and has served in the US Senate for just over four years as a Democrat representing New Jersey. His term isn't scheduled to end until January 2013. The Recall Committee and New Jersey Tea Parties United believe that Senator Menendez has sided with rigidly partisan politicians in his repeated votes for cloture on a variety of key bills, stifling public debate in the Senate and denying New Jersey citizens transparency. For example, the Senator voted down an amendment that would have prevented Medicare from being raided for new entitlements[1], and another that would have limited the government's control over the health care of American families[2]. During this difficult financial period when Americans are cutting their own budgets and trying to save every penny, Senator Menendez voted down proposals to remove from spending bills a number of extravagant, excessive multi-million dollar projects that offered little or no short-term economic benefits[3]. When an amendment was proposed to transfer some of the country’s funding for the United Nations contributions to help offset the costs of providing assistance to family caregivers of our disabled veterans, he voted against it[4]. And in one case, Senator Menendez voted against allowing each member of Congress and the Secretary of Defense to simply review the allocation of certain taxpayer funds[5].
One NJ Tea Party member put it this way, “When NJ voters came out to the polls in November of 2008, they voted for the transparency and accountability that was promised. Rather than believe his own constituents who have desperately been trying to convey their wishes to him on health care reform without a government run option, he chooses to dismiss us, making public statements on the senate floor that our concerns are all nothing more than the greedy insurance companies lobbying to protect themselves.” It is statements like this that have convinced the Committee, NJ Tea Parties United, and other tea party members that Senator Menendez is one of many elitists in government that are more concerned with promoting their own careers than doing what is right for the American people. Those spearheading this effort hope that this will be the first recall of many throughout the nation and that the Constitutional government of the United States can be restored to the American people, to whom it belongs.