WASHINGTON -- Sen. Bill Frist (R., Tenn.) hand-delivered to the U.S. Supreme Court ( news - web sites) a Republican appeal of the New Jersey Supreme Court's decision to let Democrats replace Sen. Robert Torricelli in the state's U.S. Senate race.

The emergency petition, Mr. Frist and aides said, asks the nation's top court to issue a stay and reverse the New Jersey court decision, issued Wednesday. The state court decision cleared the way for retired Democratic Senator Frank Lautenberg to replace Mr. Torricelli on the Democratic ticket.

Mr. Frist filed the appeal on behalf of Douglas Forrester, the Republican Senate candidate in the New Jersey Senate race.

"What the Democrats have done is illegal," Mr. Frist said. They are attempting to steal an election they otherwise could not win."

The emergency appeal came 33 days before the November election and one day after New Jersey's highest court issued a 7-0 opinion Wednesday afternoon, clearing the way.

Mr. Torricelli, who has been plagued with ethics problems, announced earlier this week he was dropping out of the race just over a month ahead of the election. Since the Senate Ethics Committee formally admonished him in July, Mr. Torricelli's standing has fallen sharply in political polls against Mr. Forrester.

The Democrats successful appeal to New Jersey's highest court allows a name change on the Senate ballot even though final deadlines had passed for changing candidates. The New Jersey court said having candidates from both major political parties was the compelling issue underlying the decision.

Alex Vogel, general counsel for the National Republican Senatorial Committee said the Republican appeal argues the U.S. Constitution gives state legislatures the power to set election details and that the "New Jersey Supreme Court has overstepped its bounds in this case" by overruling state election law.

"The court below has usurped the power of the state legislature to proscribe the time, place and manner of elections," said David Norcross, the Trenton, N.J. attorney for Blank Rome Comisky & McCauley LLP, in the emergency petition.

Republicans also are arguing the court decision disenfranchises military voters stationed overseas and breaks federal law that requires military absentee ballots be mailed at least 35 days before an election.

The New Jersey ballot dispute, with echoes of the 2000 Florida ballot dispute in the U.S. presidential race, is important to national politics because the outcome of the Senate race there could decide whether Democrats or Republicans control the U.S. Senate next year. Democrats currently control the chamber with 50 votes to Republican's 49. One independent tends to vote with the Democratic party.

The emergency petition was filed with Justice David Souter ( news - web sites), who handles emergency petitions from New Jersey, which is in the 3rd U.S. Circuit of Appeals, in Philadelphia. Judge Souter, who was nominated by former President Bush ( news - web sites) in 1990, can field the petition on his own or refer it to the full court.

Judge Souter or the entire court could issue a decision on the appeal at any time. Additional appeals by the Republican party are possible, depending on how Judge Souter and the court initially respond.

It has been less than two years since the Supreme Court issued an unprecedented ruling that decided President George W. Bush would become president over Al Gore ( news - web sites), the Democratic candidate in the 2000 race. The GOP filing in the New Jersey case rings with similar arguments.

Mr. Torricelli dropped out 36 days before the election. State election laws said a candidate cannot be replaced less than 51 days before the election.

Mr. Lautenberg said he is ready to replace Mr. Torricelli on the ticket and has already started campaigning. Now 78, he retired from the Senate just two years ago and was replaced by Sen. Jon Corzine, also a Democrat. Mr. Lautenberg was in Washington Thursday meeting with Democratic leaders, including Senate Majority Leader Thomas Daschle (D., S.D.).

Separately, Republicans have filed a suit in U.S. District Court in Trenton, N.J. with regard to overseas military personnel voting by absentee ballot, arguing those ballots are required under federal law to already be in the mail. Several GOP senators asked U.S. Attorney General John Ashcroft ( news - web sites) to enforce the military ballot law.

They also have enlisted Benjamin Ginsberg of Patton Boggs, LLP to help fight the state court decision. Mr. Ginsberg was a key legal counsel to President Bush's campaign during the 2000 Florida recount crisis.

On Capitol Hill, Senate Republicans are spending the day condemning the New Jersey court decision. "Sen. Torricelli corrupted himself but Democratic party insiders now are corrupting the entire process."

AaronForever said:

i love this...as if they didnt do the same thing with the US Supreme Court case Bush vs. Gore.

This is nauseating. But let this be a lesson to the Republicans that when you start playing fast and loose with the electoral process in the courts (as they did in 2000), it' going to come back and bite you in the ass. They may have won that battle (and a big one it was), but they've opened a can of worms that's going to lose them the war.

and in a nutshell?

I'm thinking of marketing toilet paper with the Constitution printed on it. There seems to be quite a market for it in the last 2 years, what between Bush's appointment as president, basically everything Ashcroft has done in the past year, and now this New Jersey thing.

TRON said:

What Toricelli basically did was conced the election because he was trailing in the polls in his state due to ethics charges. It shouldn't be possible to select a candidate to put on the ballot in his place. But the courts decided otherwise.

oh. thanks.

AaronForever said:

Fitting...as it seems to be getting 'flushed down the toilet', day in and day out. Democrat or Republican...why the Congress wants to give far-reaching war authority to the President is beyond me.

"What the Democrats have done is illegal," Mr. Frist said. They are attempting to steal an election they otherwise could not win."

Said the pot to the kettle, "Kettle, guess what? You're black!"

Classic Republican BS. They scream the loudest over tactics they are masters of.

SupaFunkyOrgangrinderSexy said:

Supa, do you like Politics? I am assuming yes.

sag10 said:

I don't like politics but I can't help pointing out total hypocrisy. The Republican party are a bunch of phoney baloney fakes.