NJ gov to fill coveted Senate seat if Menendez caves to resigning

New Jersey could see its first vacancy in the Senate in nearly a decade should Sen. Bob Menendez (D-N.J.) bow to  pressure by fellow Democrats to resign following his conviction on Tuesday on bribery and foreign agent charges.

Should Menendez opt to give up his seat, it would be up to New Jersey Gov. Phil Murphy (D) to choose who fills out the term until January of next year.

Murphy could appoint anyone to fill the seat, including himself or his wife, Tammy, as long as they meet the requirements set for by the Constitution. Senators must be at least 30 years old, must have been a U.S. citizen for at least nine years, and must be an inhabitant of the state.

Murphy in a statement released after the verdict against Menendez called on the senator to resign immediately or face expulsion.

“If he refuses to vacate his office, I call on the U.S. Senate to vote to expel him. In the event of a vacancy, I will exercise my duty to make a temporary appointment to ensure the people of New Jersey have the representation they deserve,” he said.

Tammy Murphy vied for the seat earlier this year but suspended her campaign in March, saying that she would have had to run “a very divisive and negative campaign” to win.

Murphy is most likely to appoint Rep. Andy Kim (D-N.J.), the Democratic nominee for Senate in New Jersey, who won the primary last month.

Tapping Kim to fill the seat early would give him more seniority than other incoming Senate freshmen of the 119th Congress, something that could later redound to New Jersey’s benefit when it comes to picking seats for the powerful Senate Appropriations and Finance Committees.

Kim joined a growing chorus of Democrats in calling on Menendez to immediately resign after his conviction.

“This is a sad and somber day for New Jersey and our country. Our public servants should work for the people, and today we saw the people judge Senator Menendez as guilty and unfit to serve,” Kim said in a statement.

“I called on Senator Menendez to step down when these charges were first made public, and now that he has been found guilty, I believe the only course of action for him is to resign his seat immediately. The people of New Jersey deserve better,” he said.

Menendez, however, could opt to stay in the Senate pending his appeal to higher courts.

Remaining a senator could give him more ability to raise money through a legal defense fund.

He is scheduled to be sentenced on Oct. 29 and faces a lengthy prison sentence.

The last time a New Jersey governor had to fill a coveted Senate seat was following the death of Sen. Frank Lautenberg in 2013. Then-Republican Gov. Chris Christie appointed his attorney general at the time, Jeffrey Chiesa, to fill out a term ahead of a special election at the time.

The seat was ultimately occupied by Sen. Corey Booker, who has also called on Menendez to resign.