TRENTON, N.J., March 16 (UPI) -- A New Jersey appeals court ruled Tuesday that Tea Party groups can try to recall U.S. Sen. Robert Menendez but stayed any action pending an appeal.
NJ Tea Parties United and the Sussex County Tea Party cannot start gathering signatures until the New Jersey secretary of state accepts their notice of recall, The Star-Ledger of Newark reported. Nina Mitchell Wells, who was the secretary last fall, refused to do so, triggering the court case.
Menendez, a Democrat, was appointed to the Senate in January 2006 when Jon Corzine became governor and won a full term that November. He is up for re-election in 2006.
The Tea Party groups say Menendez deserves to be recalled because he has voted for excessive government spending. Menendez's lawyer, Marc Elias, argues the U.S. Constitution does not allow for the recall of federal officials.
The case has put the state in the position of arguing its own laws and constitution are invalid.
If the Tea Partiers win, they still face a stiff hurdle. They must gather at least 1.3 million valid signatures statewide to get the recall on the ballot.
