Judge Approves Appeal of Menendez Recall Decision to Move Forward
Will Hear Oral Arguments February 26th, American Civil Rights Union to Join Appeal

Mercer County, New Jersey – February 6, 2010.
A NJ Superior Court Appellate Judge has granted an emergency motion to fast-track the appeal of a committee seeking to recall a United States Senator.

In a two-part order issued late afternoon on Thursday, February 4th, Judge Edwin Stern granted the committee's motion to accelerate their appeal and scheduled oral arguments for Friday, February 26th. In the same order, the Judge also granted approval for the American Civil Rights Union (ACRU) to participate in the appeal as amicus curiae (friend of the court), in response to an emergent application filed by the ACRU.

The case stems from a January 11th final agency determination by NJ state election officials, in which the Secretary of State denied a Notice of Intention and proposed petition filed by the Committee to Recall Robert Menendez. Former Secretary of State Nina Wells wrote in the letter,
“It has been determined that the qualifications and election of a Member of the United States Senate is a matter of exclusive jurisdiction of federal authority and that neither the United States Constitution nor federal statute provide for a recall proceeding for a federally-elected official…Therefore, in my capacity as the Chief Election Official of the State of NJ, I hereby determine that neither the Notice of Intention to Recall nor the proposed Petition can be accepted for filing or review.â€