New Jersey Laws Unclear on Election Date for Lautenberg's Seat

The death of Sen. Frank Lautenberg  (D-NJ) leaves an open spot in the U.S. Senate, a seat Gov. Chris Christie will appoint a candidate for in the interim. However, an when candidates face the voters is not yet known.

The U.S. Constitution affords Gov. Chris Christie (R) the power to appoint a replacement within the next 30 days, according to the National Conference of State Legislatures. Christie can appoint either a Democrat or a Republican.

New Jersey Office of Legislative Services (OLS) Public Information Office Assistant Director David Inverso said two state statutes offer guidance on when appointments and special elections may occur following a vacancy.

These statutes are somewhat in conflict, however. One state statute calls for an election this November, should Christie fill the vacancy, while another would allow the election to take place November 2014. Both statutes allow the governor to call a special election.

Inverso said, despite published reports, he could not confirm the OLS released a ruling Monday interpreting the state statutes and setting the election for Lautenberg’s Senate seat in November 2014.

A 2009 OLS analysis of the law found that an election for the seat must be pushed to the November 2014 election since Lautenberg's death occurred one day before the primary, according to the Asbury Park Press Capitol Quickies blog.

Primary and special elections could run the state an estimated $12 million apiece, NJ.com reported.

Lautenberg, 89, was the oldest member of the Senate, having served five terms after first being elected in 1982. He was battling health issues since last year, and missed several weeks of voting with the flu and bronchitis. Lautenberg announced earlier this year that he would not seek reelection.

Newark Mayor Cory Booker told press last year that he was "strongly considering the options" at the end of his mayoral term and Lautenberg's Senate seat might be among them.

The Asbury Park Press Capitol Quickies blog listed Lt. Gov. Kim Guadagno, state senators Tom Kean Jr. and Joe Kyrillos and Rep. Chris Smith as short list candidates for a Christie appointment.