Update: 10/01/02 - New Jersey Supreme Court to Hear Case 
Update: 10/02/02 - NJ Democrats Pick Lautenberg to Replace Torricelli
Update: 10/02/02 - NJ High Court - Democrats Can Replace Trorricelli
Update: 10/03/02 - GOP Appeals Decision to US Supreme Court
Update: 10/07/02 - US Supreme Court Refuses to Hear GOP Challenge

Incumbent New Jersey Democratic Sen. Robert Torricelli's withdrawal from the Nov. 5 mid-term election has turned the Democratic Party's task of maintaining control or the U.S. Senate from a hill into a mountain. Whether Democrats will even be allowed to replace Torricelli on the ballot remains an issue.

Torricelli's decision came on the heels of accusations by a Senate ethics panel that he had improperly accepted gifts from an imprisoned New Jersey businessman. The businessman further damaged Torricelli by making what prosecutors called "credible accusations of wrongdoing" against him.

Speaking at a press conference in Trenton, New Jersey, Torricelli said of his decision to withdraw from the election, "It is the most painful thing that I've ever done in my life," adding "I will not be responsible for a loss of the Democratic majority in the U.S. Senate. I will not allow that to happen. There is just too much at issue."

While he has officially withdrawn from the election, Torricelli, 51, stated he would serve out the remainder of this, his first term, which ends in January 2003. Besides his one term in the Senate, Torricelli served 14 years in the House of Representatives. In the Senate, Torricelli serves as a member of the Senate Foreign Relations Committee, Finance Committee and Government Affairs Committee.

Accusations of corruption against Torricelli had allowed his Republican opponent Doug Forrester to open a strong 13-point lead in recent polls. 

Odds for control of Senate swing to GOP
With Torricelli's withdrawal, the defeat of just one other Democratic incumbent by a Republican challenger on Nov. 5, would return control of the Senate to the GOP. Democrats hold a slim 50-49 majority going into the election.

Besides Torricelli, 13 other incumbent Democratic Senators are up for re-election in November. Incumbent Democratic Senators in Missouri, South Dakota, and Minnesota face strong-polling Republican challengers, while Republican incumbents in Arkansas, New Hampshire and Colorado are expecting hard races.

Replacing Torricelli on the ballot
According to New Jersey's Democratic Governor James McGreevey, New Jersey's Democratic party must appeal to the state Supreme Court for permission to replace Torricelli on the Nov. 5 ballot. The party must select a replacement "through a consensus" and file its petition for ballot replacement before the state Supreme Court within 48 hours, according to Gov. McGreevey.

Arguing that the time limit for replacing a candidate on the New Jersey ballot had expired, Republicans promised to challenge the Democrat's court petition to replace Torricelli. 

Under New Jersey law, candidates may be replaced on the ballot no less than 51 days prior to the election. The Nov. 5 election is now less than 35 days away.

"The laws of the state of New Jersey do not include a 'we think we're going to lose so we get to pick someone new' clause," stated GOP candidate Forrester.

Update: State Supreme Court Will Hear Case
The New Jersey Supreme Court decided on Tuesday, Oct. 1 that it will hear arguments on whether Sen. Robert Torricelli can be replaced on the Nov. 5 general election ballot. The hearings will be held at 10:00 a.m., Wednesday, Oct. 2.

• Supreme Court Motion in the Matter of the New Jersey US Senate Election (pdf)

The state's high court also halted the printing of ballots for the Nov. 5 election until a decision on replacing Torricelli had been made. Absentee ballots, including those sent to military personnel had already been printed and mailed to voters.

Should Democrats fail to get approval from the New Jersey Supreme Court to replace Torricelli, they could appeal to the U.S. Supreme Court.

Update: NJ Democrats Pick Lautenberg to Replace Torricelli
The New Jersey Democratic party announced it would ask the State Supreme Court to replace Sen. Robert Torricelli with former Sen. Frank Lautenberg on the Nov. 5 ballot. Lautenberg, who retired from the Senate two years ago, agreed to run, if allowed on the ballot. "I will fight just as hard. I am just as energized," he said.

Update: NJ High Court Rules Democrats Can Replace Trorricelli
The New Jersey Supreme Court ruled 7-0 that the Democratic Party can replace Sen. Robert Torricelli on the Nov. 5 ballot with former Sen. Frank Lautenberg. The court is composed of two Republicans, four Democrats and one independent.

Update: GOP Appeals Decision to US Supreme Court
The Republican Party appealed to the U.S. Supreme Court attempting to block the decision of the New Jersey Supreme Court allowing the replacement of Sen. Robert Torricelli on the state's Nov. 5 ballot with former Sen. Frank Lautenberg. There was no immediate indication from the U.S. Supreme Court that it would hear the appeal.

Update: US Supreme Court Refuses to Hear GOP Appeal
The Supreme Court on Oct. 7 refused to hear the Republicans' challenge to the decision of the Florida Supreme Court allowing New Jersey Democrats to replace resigned Sen. Robert Torricelli with former Sen. Frank Lautenberg on the Nov. 5 ballot. The court's action will allow Lautenberg to appear on the ballot.