Defending American Freedom
Sussex County NJ Tea Party Patriots
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Defending American Freedom
Sussex County Tax Party Patriots
PO Box 2792
Branchville, NJ 07826
roseann
“The power under the Constitution will always be in the people. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their interest, or not agreeable to their wishes, their servants can, and undoubtedly will, be recalled.” From The Writings of George Washington, by John C. Fitzpatrick, GPO, 1931 – 44. Vol. 32:2.
On Tuesday, March 2nd, we finally had our day in court. Our lawyers did an excellent job and recieved Kudos from the court. Contrary to some of the negative press we have been receiving, the hearing went very well and we are anticipating a decision in our favor. So all who are on board, it's time to rev up your engines and get ready to race to the finish line.
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Dan Silberstein and Rich Luzzi. our two layers who have been working tirelessly in defending our Constitutional rights to petiton for Recall, are now being joined by the American Civil Rights Union. On behalf of all New Jersey citizens who value our state and federal Constitutions, we thank all those representing us in this historic movement.
FOR IMMEDIATE RELEASE:
Determination on Menendez Recall Cites NJ Constitution and Uniform Recall Election Law as Unconstitutional; Judge May Consider Appeal
Mercer County, New Jersey – January 15, 2010 -- A judge in the Superior Court of New Jersey Appellate Division has granted an application to file an emergent motion in the case of Committee to Recall Robert Menendez v. Nina Wells, Secretary of State, et al. On Thursday, January 14th, Judge Jack Sabatino issued an order allowing the plaintiff to file a motion to accelerate the appeal and to file the supporting brief.
Attorneys for The Committee to Recall Robert Menendez from the United States Senate, plaintiff, filed the application on Wednesday, seeking an accelerated review of a "final determination" of January 11, 2010, made by state election officials on a Notice of Intention to Recall filed by the committee. The election officials' determination not only prohibits the plaintiff from moving forward with the recall petition under New Jersey’s Uniform Recall Election Law, but also suggests that New Jersey’s recall statutes, as well as the recall provisions in the New Jersey Constitution adopted in 1993, are unconstitutional. The relevant provision, Article 1, Paragraph 2B, states that the people may recall “any elected official in this State or representing this State in the United States Congress”.
In a letter dated January 11th, New Jersey Secretary of State Nina Wells responded as follows:
“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 New Jersey, I hereby determine that neither the Notice of Intention to Recall nor the proposed Petition can be accepted for filing or review.”
The response comes nearly four months after the Notice of Intent to Recall was initially filed.
"After ignoring the statutes for almost four months, the Secretary of State has unilaterally declared that the statutes and Article 1, Paragraph 2B of the New Jersey Constitution is unconstitutional," said Daniel Silberstein, one of the attorneys representing the Recall Committee.
Silberstein and Richard Luzzi, co-counsel for the plaintiff, will appeal based upon the premise that the Recall Committee has a constitutional right to a certified recall petition, which should also be considered political speech, a type of speech afforded the highest protection by both State and Federal courts. They maintain that the Committee should be permitted to collect signatures on a certified petition and present the required number of signatures to call an election, before a court intervenes to resolve any questions surrounding the validity of New Jersey Constitution’s recall provision and the Uniform Recall Election Law.
The recall committee, formed by several members of a local grassroots group, Sussex County Tea Party, filed a Notice of Intent back on September 25th, 2009. The Division of Elections and Secretary of State's office acknowledged receipt of the Notice on October 5th, 2009, but took no further action on it. Pursuant to N.J.S.A 19:27A-7, within three days, recall election officials must either approve the Notice or reject it and provide reason for non-compliance and allow for amended re-filing.
When the state failed to respond, the Committee filed another Notice of Intent on November 10, 2009, and then filed a civil lawsuit on December 2nd, 2009 to force the Division of Elections to respond. The committee’s attorneys filed a motion for summary judgment, which was scheduled to be heard on February 5. However, the Secretary of State’s response of January 11 effectively renders that lawsuit and motion moot.
The attorneys for the Committee are planning to file a motion for an injunction compelling the Secretary of State to approve the Notices pending the final determination of the case, along with their request that the Court reverse the determination of January 11.
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Local Tea Party group begins effort to recall U.S. Sen. Menendez
By BRUCE A. SCRUTON
bscruton@njherald.com
The Sussex County Tea Party movement has gone to court in an effort to recall U.S. Sen. Robert Menendez based on a clause in the state constitution.
Before the group can collect the requisite signatures to even attempt to have a recall
election, it must win a court battle trying to show that the state’s constitution supersedes the U.S. Constitution, which states only Congress can vote to remove one of its members.
A message to Menendez’ press secretary Afshin Mohamadi was not returned.
RoseAnn Salanitri, of Branchville, who describes herself as founder of the Sussex County Tea Party and was an original member of the recall committee, said the recall is being done because of “a total disregard for the people’s wishes,” on the part of Menendez, who was elected to his U.S. Senate post in 2006 with 53 percent of the popular vote. The effort is being aided by the New Jersey Tea Parties United.
The effort already has run into a roadblock. In late September, the recall committee sent a notice of intent to the state Secretary of State’s office, which would be the election official in a statewide recall.
That office acknowledged receipt of the intent in early October, but, according to Salanitri, has not followed up with any kind of approval, or disapproval, of the proposed petition.
Salanitri said state recall law requires the election official to certify the petition as to language and form. When no response was made, the committee, with help from the statewide group, filed a lawsuit in state Superior Court in Essex County in late November.
Dan Silberstein, an attorney and a leader of NJ Tea Parties United, said last week he filed the lawsuit but did not have time to further discuss it. He did not return subsequent telephone calls.
“It’s been frustrating,” Salanitri said. “We do all these rallies, write all these letters and we get the most insulting form letters back.”
But, she added, “People have felt empowered by this recall effort and energized by this.”
Salanitri said she has since resigned as a member of the recall committee for health reasons.
The committee is Suzanne Kimball, of Newton, Adrianne Knoblock, of Sparta, and Darryl Haggerty, of Branchville.
Contacted Sunday, Haggerty said Menendez “does not represent the people the way his oath requires that he does.” He then said he was not prepared to answer further questions.
The news release said the recall committee and Tea Parties United believe Menendez “has sided with rigidly partisan politicians in his repeated votes for cloture on a variety of key bills, stifling public debate in the Senate and denying New Jersey citizens transparency.”
Key issues, they said, are votes on Medicare, health care, “extravagant, excessive multi-million dollar projects that offered little or no short-term economic benefits.”
A spokesman for the state Secretary of State’s office acknowledged receipt of the committee’s September letter, but noted the U.S. Constitution only allows for a senator’s removal from office for three reasons — death, resignation or a two-thirds vote by the Senate itself.
He declined to discuss more since the case is before the courts.
The state constitution allows for the recall of the governor or “Members of Congress,” much the same as it allows recall of local officials. However, to even get to an election, the recall committee must gather signatures equal to 25 percent of the number of voters in the last presidential election. In 2008, 3.67 million people went to the polls in New Jersey, meaning the petitions must get more than 917,000 signatures. When he won election in 2006, Menendez’ opponent, Thomas Kean Jr., received about 977,000 votes.
Other states that have similar language in their constitutions, such as Michigan and Oregon, have determined members of the Senate and House of Representatives are federal officers and there is no mechanism in the U.S. Constitution that allows for a recall and that supersedes their state constitutions.
A report prepared two years ago by the Congressional Research Service concluded it would take a constitutional amendment to allow a recall of a member of Congress. The report noted the U.S. Supreme Court already has ruled states have no authority to impose term limits on senators and representatives.
The New Jersey effort isn’t the only one ongoing. An effort in Louisiana is attempting to get a recall of Sen. Mary Landrieu started there because she “doesn’t listen to the people.” Created: 1/3/2010 | Updated: 1/4/2010
Posted By Liberty Chick On January 17, 2010 @ 10:07 am In Congress,
Defending American Freedom
Sussex County Tax Party Patriots
PO Box 2792
Branchville, NJ 07826
roseann
