Committee to Recall Robert Menendez from the Office of U.S. Senator v. Wells
New Jersey Supreme Court
7 A.3d 720, 204 N.J. 79 (2010)

- Written by Joe Cox, JD
Facts
This matter arose under New Jersey’s Uniform Recall Election Law, which had passed a public ballot in 1993. That law gave voters the power to have a recall election for any elected official or congressional representative in New Jersey. In 2009, the Committee to Recall Robert Menendez from the Office of U.S. Senator (the committee) (plaintiff) sent a notice of intention to recall Senator Menendez to New Jersey Secretary of State Nina Wells (defendant). Wells rejected the notice, arguing that the election of a US senator was a matter of federal jurisdiction and authority. The committee then filed suit, seeking a review of Wells’s decision. Although acknowledging the lack of any case law directly on point, the appellate court noted that it would instead consider the Constitution, relevant historical materials regarding its construction, and the principles of democracy. Article 1, § 3, Clause 1 expressly provides that a senator’s term is six years, and the only express limitation on that term is the Senate’s ability to expel a member. The committee argued that the absence of mention of recall in the Constitution must not be construed as a bar against its use. In reviewing the historical record, the court noted the continual historical discussion of the need for Congress to act independently of the influences of the individual states, and although three states had initially proposed Constitutional amendments that would have allowed for the recall of senators, none of those amendments survived the Constitutional Convention. This matter was heard at the trial court level, and a ruling was entered for the committee that Wells could not ignore the notice and that the matter must proceed. Wells appealed that decision.
Rule of Law
Issue
Holding and Reasoning (Rabner, C.J.)
Dissent (Rivera-Soto and Hoens, J.J.)
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