Special election is rejected

[Freddie Stubbs]

Court denies bid, saying governor has yet to resign

Thursday, October 14, 2004
BY ROBERT SCHWANEBERG
Star-Ledger Staff

A federal appeals court ruled yesterday there will be no special election for a successor to Gov. James E. McGreevey because he "has not yet officially resigned" by filing a letter with the secretary of state.

The decision clears the way for Senate President Richard Codey (D-Essex) to serve as acting governor from the time McGreevey leaves office next month until the governor's term ends in January 2006. It also squelches a very quick -- and potentially chaotic -- campaign for the governor's seat by the end of the year.

The three-judge court in Philadelphia rejected arguments that McGreevey's Aug. 12 announcement that he had a homosexual extramarital affair and would resign effective Nov. 15 created a "vacancy" that had to be filled at the polls.

Two Princeton lawyers who sued on behalf of the state's 4.5 million voters argued that McGreevey's televised resignation speech was heard or read by millions of people around the world and did not need to be in writing to be final.

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