Lautenberg Seat Now Open for Christie Appointee

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.

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 said two state statutes offer guidance on when appointments and special elections may occur following a vacancy.

These statutes are somewhat in conflict, however. N.J.S.A 19:3-26 calls for an election to take place if the vacancy occurs more than 70 days before the next preceding election. While Lautenberg died a day before the primary, the general election is greater than 70 days away.

However, N.J.S.A. 19:27-6 specifies that a vacancy less than 70 days before the primary would push the special election to the next general election cycle, or 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 analysis of the law, the seat must be filled by November 2014 since Lautenberg's death occurred one day before the primary, according to an Asbury Park Press blog.

According to NJ.com, primary and special elections could run the state an estimated $12 million apiece.

Christie has not yet announced his course of action.

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 that Lautenberg's senate seat might be among them.

An 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.