New Jersey Secretary of State refuses recall petition
On January 11, 2010, Nina Mitchell Wells, a Democrat who was still the New Jersey Secretary of State at the time, issued a "final determination" letter saying that her office was refusing to accept a Notice of Intention to Recall and its accompanying Petition in the matter of the U.S. Senator Robert Menendez recall. Wells maintained that the recall provisions in the New Jersey Constitution conflict with the U.S. Constitution.
The recall action against Robert Menendez was started by members of a Tea Party group in Sussex County, New Jersey. They are seeking judicial review of the determination from Nina Wells, requesting reversal of the "final determination" and an order directing the New Jersey Secretary of State to approve the Notice of Intention so the recall group can start collecting signatures.
The Superior Court of New Jersey Appellate Division issued a motion to accelerate the appeal on January 14, 2010.