SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

The Committee to Recall Robert Menendez v. Nina Wells (A-86-09)

Argued May 25, 2010 -- Decided November 18, 2010

RABNER, C.J., writing for a majority of the Court.

The important constitutional issue raised in this appeal is whether a United States Senator can be recalled under state law.

New Jersey voters approved a constitutional amendment in 1993 that provides for the recall of any elected official “in this State or representing this State in the United States Congress.” N.J. Const. art. I, para. 2(b). The amendment further provides for the enactment of laws to include the requirement that a recall election be held on the petition of 25 percent of the registered voters in a district. The Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which went into effect on May 17, 1995, implemented the constitutional amendment and established procedures for New Jersey citizens to seek to recall “any United States Senator or Representative elected from this State or any State or local elected official.” N.J.S.A. 19:27A-2.