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State Senate President Steve Sweeney and Gov. Chris Christie talk in Trenton in 2011.

(Ed Murray/The Star-Ledger)

TRENTON — State Senate President Stephen Sweeney said the election to fill Frank Lautenberg's U.S. Senate seat should be held in November, at the same time voters cast ballots for governor.

Lautenberg died this morning at age 89 of complications from viral pneumonia.

The top Democrat acknowledged there is some conflict between state laws governing how senate seats are filled before a term expires, but the governor must defer to giving voters the option at the earliest moment.

“It needs to be happen in November,” Sweeney (D-Gloucester) 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.”

Democrats believe state law requires the governor to hold the special election in November, but Republicans believe they can wait until next November, an argument supported by the research arm of the Legislature.

Christie spokesman Michael Drewniak has not returned requests for comment on the governor’s position.

If held in November, the U.S. Senate race would be on the top of the ballot and could energize a Democratic base that has yet to embrace Barbara Buono, the likely Democratic challenger to Christie.

Newark Mayor Cory Booker and U.S. Rep Frank Pallone (D-6th Dist.) are considered top candidates. Sweeney says there is no time for a primary, and the candidate should be chosen by the state committee.

Christie could choose to hold a special election before the end of the year, but on a different date than the governor’s race. Sweeney said that would be a waste of money.

“Why would he want to bypass the election? ” Sweeney said. “He can’t be afraid. This governor says he’s not afraid of anything.”

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