in the case of "the new jersey democratic party v. samson", 175 n.j. 178 (2002), forrester sued to stop democratic party efforts to replace torricelli on the ballot with recently retired former senator frank lautenberg. forrester argued that the state statute generally forbidding the replacement of a candidate on the ballot within 51 days of an election () should be obeyed because "here, there are really no extraordinary facts" such as "death and incapacitation". furthermore, torricelli was only withdrawing from the race, not his current senate seat. the democrats argued that there was still time to notify all the absentee voters and torricelli had the right to withdraw. the county clerks agreed that a substitution was logistically possible if it occurred immediately but might cost up to $800,000.