Democrats tried and failed to change Senate succession rules in 2009

Shortly after Gov. Chris Christie’s 2009 victory, prescient Democrats, worried about U.S. Senate succession issues, tried – and failed –

Shortly after Gov. Chris Christie’s 2009 victory, prescient Democrats, worried about U.S. Senate succession issues, tried – and failed – to introduce legislation that would require the governor to choose a candidate of the same party in the event an incumbent left office early.

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But then Senate President Dick Codey refused to post the legislation, saying the change would look “strictly partisan.”

“I do believe that whoever replaces the United States senator should be of the same party,” said Codey in 2009.  “But having said that, any party could have changed this at any point in time… it just looks strictly partisan and is the wrong message at this time.”

Had the law been changed, the succession of U.S. Sen. Frank Lautenberg, who died yesterday of pneumonia, would have had a far different tone.

Christie is likely to appoint a Republican as successor to Lautenberg and the new senator could serve until November 2014, giving the candidate 17 months in office.  That won’t sit well with national and state Democrats who point out that the state has not sent a Republican to the U.S. Senate since Clifford Case won in 1972.

Had the law been changed in the closing days of 2009, Newark Mayor Cory Booker – the front-runner for the seat when the election is called – would likely be headed to Washington.

Reached this morning, Codey said he doesn’t regret his choice to block the bills.

“If you look at other states and the history of our state that’s the way it’s always been done. To change it to suit a certain circumstance isn’t right,” he said.  “Hopefully (the governor) will do the right thing and hold the special election in November and if not he should be criticized for playing partisan politics.”

Christie is expected to announce the timeline for the special election as soon as today and will likley name a successor to Lautenberg later in the week.  The timing of the election will no doubt face a court challenge as both state and national Democrats are eying Christie’s decision.

Should the governor choose anything but a November 2013 special election, Democrats are likely to mount a challenge.

Democrats tried and failed to change Senate succession rules in 2009