Supreme Court of New Jersey

The Committee to Recall Robert Menendez From the Office of U.S. Senator, Plaintiff-Respondent v. Nina Mitchell…

November 18, 2010204 N.J. 79

Summary

The New Jersey Supreme Court held that New Jersey’s Uniform Recall Election Law and the state constitutional amendment authorizing the recall of U.S. Senators are unconstitutional because they conflict with the Supremacy Clause and the text and history of the Federal Constitution. The Court reversed and vacated the Appellate Division’s order directing the Secretary of State to accept the recall notice.