If Senator Bob Menendez, who was convicted by a jury today on 16 federal bribery counts, were to resign from the Senate or be expelled, it would be up to Gov. Phil Murphy to appoint an interim senator. Rep. Andy Kim (D-Moorestown) – who’s already the Democratic nominee for Menendez’s seat this year – says he’s ready and willing to serve.
“If the governor does ask me to serve in that capacity, I would step up,” Kim said. “I think it would be a place where I could come in and try to be able to hit the ground running, with so much at stake right now – to know my way around the Capitol, to know my way around these issues that are there.”
As Kim acknowledged, the decision ultimately rests with Murphy, who is not exactly on the best terms with Kim. In order to win the Democratic Senate nomination, Kim had to get through a bruising battle against Murphy’s wife, First Lady Tammy Murphy; she dropped out of the race before the primary, but the Murphy camp’s less-than-friendly feelings towards Kim seem to still persist.
Murphy said earlier today that he would make a “temporary appointment” to the Senate if the opportunity presents itself – possibly indicating that he’d choose a caretaker appointee for the seat rather than Kim.
Of course, there may not be a Senate vacancy at all if Menendez refuses to step down and the Senate doesn’t come together to expel him. While Senate Majority Leader Chuck Schumer called on Menendez to resign today, Menendez has been resisting similar calls from New Jersey Democrats for months, and he defiantly insisted that he’ll appeal his conviction after the verdict was released.
Menendez is also currently waging an independent re-election campaign, but it remains to be seen whether he’ll remain in the race following his conviction.
If Menendez does leave one way or the other, Kim said there could be practical benefits for New Jersey if he’s able to take office in the Senate without having to wait until January 2025.
“Our state deserves two senators that are up to speed on these issues and understand how to be able to navigate the Senate at this incredibly difficult moment,” he said. “[Being appointed] would also allow me to accrue seniority. It’d be good for New Jersey in the long run to have senators that have seniority and have an ability to be in positions and committees to deliver for New Jersey.”
Asked whether he was worried whether his potential departure would negatively impact Democrats in the House, where Republicans hold a razor-thin majority, Kim noted that one of the best obstacles to the conservative legislation coming out of the House is the Democratic-controlled Senate.
“What’s important is that New Jersey has the kind of representation that it needs in the Senate,” he said. “When it comes to, how do we try to stop dangerous things coming through the House, we have a number of different tools there, so it’s not just about the numbers or the margins.”
There could also be a political upside for Kim in this November’s election against Republican Curtis Bashaw if he were appointed to the Senate, since incumbency often provides candidates with an electoral advantage. (Kim is considered the substantial favorite, especially if Menendez drops his independent bid.)
Menendez himself should be familiar with that, since he was appointed to the Senate by Senator-turned-Governor Jon Corzine in early 2006 after 13 years in the House (and after a months-long shadow campaign for the seat). Menendez went on to run for a full six-year term that November, beating Tom Kean Jr., now a Republican congressman, 53%-44%.