t has apparently never been done before, but a Tea Party group in New Jersey has won the first round in its effort to recall a U.S. Senator — Democrat Robert Menendez.
“We are loathe to strike down a component of our State’s charter [Constitution] that fortifies the democratic role of our citizens,” an Appeals Court panel ruled Wednesday morning.
Tea Partiers upset with rising taxes tried last year to get permission from New Jersey’s Secretary of State to begin a petition recall campaign against Menendez.
When that was denied, they went to court.
The case — which puts the state in the unusual position of arguing against its own law and calling part of its constitution unconstitutional — began last fall after then-Secretary of State Nina Mitchell Wells rejected the committee’s notice that it intended to begin a recall effort against Menendez. The removal process requires thesecretary of state to approve such a notice before a recall committee can begin generating petitions.
A state appellate panel today ruled New Jersey's secretary of state must accept a petition a citizens group filed to recall U.S. Sen. Robert Menendez.
The court stayed with its decision to allow Menendez (D-N.J.) to appeal its ruling.
NJ Tea Parties United and the Sussex County Tea Party have said they want Menendez, (D-N.J.) recalled from office