N.J. court stays Tea Party recall bid against Menendez

A New Jersey appeals court says a recall effort by a Tea Party group against U.S. Sen. Robert Menendez should go ahead.

But the three-judge panel, saying it expected an appeal, issued a stay for its order that New Jersey's Secretary of State accept a petition from the Tea Party group seeking to recall the Democratic senator.

The group needs to collect 1.3 million voter signatures to get a recall on the ballot.

The court in its decision set aside the larger and thornier question of whether New Jersey voters have a constitutional right to recall a federal lawmaker.

New Jersey is among the states that allow recalls of statewide elected officials. There is no right to recall congressmen and senators under the U.S. Constitution. Besides U.S. senators, the only statewide elected officials in New Jersey are the governor and lieutenant governor.

The court says it would take up the question if the petition drive succeeds.