Federal Court Date Is Set for Next Week For McGreevey Suit Filed by Area Lawyers

Matthew Hersh

Two Princeton lawyers were granted a hearing in federal court for a lawsuit that, if favored, would trigger a special gubernatorial election on November 2.

Princeton attorneys Bruce Afran and Carl Mayer will appear before U.S. District Judge Garrett E. Brown Jr. next Wednesday in Trenton to argue their case claiming that when Gov. James McGreevey announced his intention to resign on August 12, it created "an immediate vacancy" in the governor's office and therefore should require a special election where political parties can place their candidates on the ballot.

Gov. McGreevey said he intends to stay in office until November 15, whereupon state executive control will be handed over to Senate President Richard Codey, a Democrat, who would subsequently serve as both senate president and acting governor until the finish of Gov. McGreevey's elected term, which would have expired in January 2006.

At a news conference yesterday in Trenton, Messrs. Afran and Mayer articulated their position.

"The vacancy was created as soon as McGreevey announced his resignation on August 12," said Mr. Mayer, a former Princeton Township Committeeman.

State law dictates that if a vacancy is created within the executive office before September 3 or 60 days within Election Day, a special election will be held in November. Gov. McGreevey announced his intention to resign, but said he will not leave office until November 15, well after the September 3 cutoff date.

While the hearing will also occur after the cutoff date, a ruling in favor of the lawsuit effectively set the stage for a special election.

The governor has maintained that the November 15 transition date was not to supercede a special election, but to create a smooth transition of power.

At the September 8 hearing, both sides will be given a half hour to argue the case.

While the lawyers have the burden of creating a precedent in New Jersey, Mr. Afran has pointed to other cases that he feels display similarities, namely an instance where the late former Illinois U.S. Senator Paul Simon left his post while a state senator to take a position as lieutenant governor. While he outlined his intention to resign two months after his announcement, Mr. Afran said, a special election was scheduled upon his submission.

Mr. Afran also pointed to the New Jersey Supreme Court's decision to allow Frank Lautenberg to replace Sen. Robert when he dropped out of his 2002 campaign for re-election amid controversy regarding illegal campaign contributions.