The New Jersey Democratic Party v. Samson 175 N.J. 178, 814 A.2d 1028 (2002) Senator Toricelli dropped out of his reelection campaign 35 days before the election. New Jersey State law (N.J.S.A. 19:13-20) says that, " if a ballot vacancy occurs 51 days or more before an election, the party may nominate a new candidate." However it was unclear whether the courts will allow a substitution after that. The limits are in place because it takes time to print up ballots, especially absentee ballots. But, the County Clerks agreed that a substitution was logistically possible if it occurred immediately Although it might cost up to $800k. The Democrats wanted to replace Toricelli with another candidate, Lautenberg. The Democrats argued that there was still time to notify all the absentee voters and Torricelli had the right to withdraw. The Republicans (and their candidate Forrester) opposed the replacement, since it was late in the campaign season. They sued. Forrester argued that the state statute generally forbidding the replacement of a candidate should be obeyed because "here, there are really no extraordinary facts" such as "death and incapacitation". The Trial Court allowed the substitution. The Trial Court found that N.J.S.A. 19:13-20 "does not preclude the possibility of a vacancy occurring within 51 days of the election." The Trial Court also found that while Forrester would gain from denying the substitution, the New Jersey citizens would not. "We see what advantage this has for Mr. Forrester; we fail to see what advantage this has for the people of New Jersey." The Court compared the purpose of preserving the franchise of people and the purpose of conducting orderly elections. Having looked at the statute, finding a purpose and finding two of them, the Court found that they arenŐt in conflict. The Court billed the Democratic party for the $800k of extra costs. The Court noted that the laws of other States clearly say that you can replace the nominee or explicitly say no. Since the New Jersey Statute was silent on the issue, the Court could be flexible. The Court suggested that the New Jersey Legislature could fix the Statute if they didn't like the Court's decision.