If Bob Menendez decides to seek re-election as an independent Democrat – he’s circulating petitions now — here are some important deadlines and details that you should know.
When is the filing deadline?
Tuesday, June 4 at 4 PM. It’s the same day as the primary election.
How many signatures does Menendez need to get on the ballot?
800.
Can anyone sign?
All registered voters, regardless of party affiliation, can sign an independent candidate’s petition – as long as they didn’t sign anyone else’s first.
Why do Democrats and Republicans need 1,000 signatures, but independents need only 800?
Because New Jersey election laws frequently lack consistency.
Does Menendez need to file personally?
He does not. Presumably, he’ll be at the Daniel Patrick Moynihan U.S. Courthouse in Lower Manhattan, where he is standing trial on federal corruption charges.
Can Menendez run even if he’s convicted?
Probably. That’s been gamed out if a hypothetical presidential candidate were to run despite a criminal conviction. There’s nothing in the U.S. Constitution to prohibit Menendez from running. Still, New Jersey election laws are fungible, and it would be up to the attorney general to decide if he wants to challenge Menendez’s candidacy.
Why do independents have a different filing deadline?
In 1997, the American Civil Liberties convinced a federal judge to overturn a law that required independents to file for the general election on the same day Democrats and Republicans filed for the primary.
When is the deadline to file a challenge to an independent candidate’s petition?
Monday, June 10 at 4 PM. Candidates have until Friday, June 7 at 4 PM to amend technical defects to their petitions, but not to add signatures; apparently, that deadline is also fungible after two administrative law judges ruled in a recent congressional petition challenge that technical defects can be fixed beyond the statutory deadline.
How quickly would a judge hear the challenge?
An administrative law judge would hold a hearing within one or two days; it’s not unusual for a challenge filed just before the deadline to be heard the first thing the following morning. The deadline for the judge to rule is, theoretically, close of business on Wednesday, June 12. Secretary of State Tahesha Way has until Thursday, June 13 to make a final determination, but she also can extend that deadline if she wants to.
Does Menendez need a lawyer to defend a petition challenge?
No. He or a member of his political team could handle it. But that raises an interesting question: since Menendez has a right to attend the hearing, he’d need to get the judge in his corruption case, Sidney Stein, to delay his trial so he could participate in his own petition challenge – and that won’t be easy.
Where would Menendez’s name appear on the ballot?
That would depend on how many independents file for the U.S. Senate and where county clerks in 21 New Jersey counties place him after a ballot draw.
Is there anything Menendez can do to improve his ballot position?
He could use Andy Kim’s lawsuit and go to U.S. District Court Judge Zahid Quraishi and seek a temporary injunction to end the practice of giving Democrats and Republicans an advantage by mandating office block ballot in general elections with independents having the same chance as major party candidates in the draw. That would create extraordinary chaos up and down ballots in New Jersey.
Could Menendez win as an independent?
That depends on how you define winning. It’s incredibly unlikely that Menendez will return to the United States Senate next year, even if he’s exonerated, but he could peel off enough votes to suddenly put the seat in play for Republicans. In a year where Democrats traveling slightly uphill to hold their majority, Menendez could create a huge problem.
Has an independent ever won a statewide election in New Jersey?
No. The highest percentage for an independent in New Jersey was 5.8% in the 2009 governor’s race. Out of more than 1,950 popular elections for U.S. Senate nationally, just eighteen independents have won. Only one independent has won election to the New Jersey Legislature: Anthony Imperiale, who was elected to the Assembly in 1971 and the State Senate in 1973.
Is there any precedent for a convicted felon remaining on the ballot in New Jersey?
One example involves Menendez and his hometown of Union City. Menendez was a 20-year-old college student when he was elected to the Union City Board of Education as an ally of Union City Mayor/State Senator William Vincent Musto. Menendez had been a teenage aide to Musto, but ultimately turned on Musto, testifying against him in a federal racketeering trial; he claimed to have worn a bulletproof vest to court. Musto was convicted on March 26 – Menendez held a conviction celebration party that night at a local restaurant and catering hall called Chevals – and was sentenced to seven years in federal prison on May 10. On the day later, Union City voters re-elected him. The entire five-candidate Musto slate won, and Musto, who ran fourth, outpolled Menendez, who finished eighth, by more than 750 votes.
“This is the real jury,” Musto said of the residents of his Union City.
Click HERE for a primer on how six scandal-tarred New Jersey congressmen fared on Election Day.