Court rejects special election for N.J. governor
TRENTON, New Jersey (AP) -- A federal appeals court on Wednesday rejected an attempt to force a special election to fill the seat of Gov. James E. McGreevey, who recently announced that he is gay and would step down November 15.
The 3rd U.S. Circuit Court of Appeals upheld a lower court ruling that said no special election should be held because McGreevey has only stated his intention to resign and has not yet officially vacated the office.
"There is no vacancy here because the governor has not yet resigned and because he continues to serve and occupy the office," the appeals court said.
The lawsuit, filed by two Princeton lawyers, argued that McGreevey is depriving voters of their right to vote by staying in office until there is not time enough to schedule a special election.
Under state law, if McGreevey had left office before September 3, a special election would have been called for November 2.
But now, Senate President Richard J. Codey, a fellow Democrat, will succeed McGreevey as acting governor until the term expires in January 2006.
One of the Princeton attorneys, Bruce Afran, said Wednesday that the ruling was a blow to the rights of New Jersey's voters.
"Yet again the politicians and bosses won and the people of New Jersey lose," Afran said. "The judges have totally thrown out the rights of the people in this state to vote."
Afran said an appeal of the decision to the U.S. Supreme Court was being considered.
Micah Rasmussen, a McGreevey spokesman, said the governor was pleased with Wednesday's ruling.
"The governor appreciates the court's thoughtful decision," he said.
