By: David Madden

TRENTON, N.J., (CBS) – A three-judge panel in New Jersey has dismissed a suit aimed at blocking a special election to fill the seat of the late U.S. Senator Frank Lautenberg.

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Democrats went to court, arguing that the vote should coincide with the November general election, where Governor Chris Christie’s re-election now tops the ballot.

Christie instead scheduled a primary for August 13Th and a special election for October 16th.

The panel ruled in favor of Christie, noting that state law allows him to do it and there’s nothing to prove an earlier election will suppress voter participation.

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As for the question of costing more money – that’s a policy issue, not a legal one – and therefore out of the court’s hands.

Four Democrats and two Republicans have filed nominating petitions for the primary.

The winner in the fall will serve through the end of next year.

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