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Gov. Chris Christie, seen here talking with the late U.S. Sen. Frank Lautenberg in November at the Statehouse in Trenton, can appoint a successor and choose to hold a special election or wait until the general election in November.

(Tim Larsen/Governor's Office)

By Jarrett Renshaw and Christopher Baxter/The Star-Ledger

TRENTON —Republican Gov. Chris Christie and New Jersey's leading Democrats could be on a collision course destined for the courts as confusion emerged Monday over when an election must be held to fill the U.S. Senate seat left vacant by the death of Sen. Frank Lautenberg.

Two things were clear: Christie could temporarily appoint a replacement for the 89-year-old Democrat, and he could call for a special election to fill the seat.

But state law contradicts itself about when an election must occur, saying in one section that it must take place this year, and in another that it can wait until the regularly scheduled Senate election next year. Top election lawyers from both parties huddled Monday in anticipation of a legal fight.

CANDIDATES:

Gov. Chris Christie has field of options to fill Lautenberg's seat

"It seems likely that this is going to end up being in litigation," said former Republican State Chairman Tom Wilson, now a lobbyist in Trenton. "You have a perfect storm. You have two different statutes with two mutually exclusive options."

The potential showdown sparked speculation about who Christie would choose, as well as the ramifications on this year’s gubernatorial race and the political balance in Washington, where Democrats hold a 54-45 majority with Lautenberg’s seat now vacant.

Leading Republicans said they expect Christie will send someone from his own party to Capitol Hill. Top contenders include Lt. Gov. Kim Guadagno, and state Sens. Jennifer Beck, Kevin O’Toole, Tom Kean Jr. and Joe Kyrillos. There was also talk of appointing former Gov. Tom Kean to serve until next year’s election.

New Jersey hasn’t elected a Republican to the U.S. Senate since 1972. The last New Jersey Republican in the Senate was Nicholas Brady, who was appointed by Kean when he was governor in 1982 after Harrison Williams resigned in the Abscam scandal. Brady did not run, and was replaced by Lautenberg.

In choosing a Republican, party insiders said Christie would probably side with an opinion issued Monday by the nonpartisan Office of Legislative Services that says his appointee could serve out Lautenberg’s term until an election in November 2014.

The opinion, obtained by The Star-Ledger, said the winner of that election would serve the remainder of 2014 and then begin a full, six-year term on Jan. 1, 2015.

But Democrats, seeking to limit the time Christie’s choice would have in Washington, insisted the law requires an election be held this November. A high-profile race for Senate, they said, could bolster party enthusiasm for this year’s races for governor and the Legislature.

Democratic State Chairman John Wisniewski said Christie should follow the most recently enacted law, which would provide for an election this November to fill the final year of Lautenberg’s term, followed by an election in 2014 for a full six-year term.

"No matter what happens, there will be an election in 2014," Wisniewski said. "But what I believe as chair of the Democratic Party is there will be a special election in 2013."

Senate President Stephen Sweeney (D-Gloucester) agreed. "It needs to be happen in November," he said. "I know there is some conflicting information, but you cannot disenfranchise voters for 17 or 18 months."

If Christie ignores his advice, Sweeney said, "We’ll take it to court."

Christie cleared his schedule Monday after a morning appearance in Trenton, but his office was silent on what path he might choose.

The potential appointment and the timing of the election set up an interesting dynamic for Christie, who’s running for re-election this year in a traditionally blue state and is also considered a contender for the Republican presidential nomination in 2016.

Patrick Murray, a pollster at Monmouth University, said the GOP would have the best chance to win a special election this November because the candidate would share the ballot with the popular Christie.

But, he added, a hotly contested Senate race could bolster Democratic turnout and cut into Christie’s margin of victory over his presumptive rival, state Sen. Barbara Buono.

"He won’t lose, but he won’t win by the astronomical margin he wants to use as his calling card for 2016," Murray said. "So the second-best scenario is to fight it in court and hold out until 2014."

If Christie refused to call a special election this year, it would appease state and national Republicans who would like an additional vote in the Senate for as long as possible, Murray said.

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Montclair State University political science professor Brigid Harrison speculated Christie might choose Newark Mayor Cory Booker, a Democrat, to "stake his claim as a politician who does things differently."

Kean, who appointed Brady, said Christie faces a tough decision: "It’s such a wonderful thing to be a U.S. senator, a lot of distinguished people wanted to be considered. You make one friend and 30 enemies."

Star-Ledger staff writers Matt Friedman and Jeannette Rundquist contributed to this report.

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