Senator Menendez Will File To Run as Independent While Being Tried on Federal Corruption Charges

Although he’s a long shot, an independent Senate bid would allow him to use campaign funds to cover his legal expenses.

AP/Seth Wenig
Senator Menendez leaves federal court on September 27, 2023, at New York. AP/Seth Wenig

Senator Menendez, a Democrat who is on trial for allegedly using his position on the Senate Foreign Relations Committee to benefit the country of Egypt, is expected to file to run as an independent candidate ahead of New Jersey’s Tuesday deadline, potentially becoming a wild card in the state’s 2024 Senate race. 

Mr. Menendez is accused of accepting cash bribes, gold bars, and a luxury car. The federal corruption case he is facing, brought by the Southern District of New York, is expected to last into July. Mr. Menendez has said that, if he is acquitted, he plans to launch the independent campaign for Senate in hopes of being elected to a fourth term.

The deadline for filing as an independent is Tuesday by 4 p.m. He will then need to submit the 800 signatures required to appear on ballots in New Jersey. The New Jersey Globe now reports that a friend of Mr. Menendez will deliver the nominating petition to state officials at Trenton while he is in court Tuesday.

As it stands, Mr. Menendez reportedly has no campaign staff and is running the campaign alone, with some friends from his 1980s political campaign helping him to canvas.

In a statement responding to news that Mr. Menendez will file as an independent, Congressman Andy Kim, who is teed up to receive the Democratic nomination in the state’s primary Tuesday, said, “It’s beyond time for a change.”

“Everyone knows Bob Menendez isn’t running for NJ families,” Mr. Kim said in a post. “He’s running for himself. People are fed up with politicians putting their own personal benefit ahead of what’s right for the country.”

While Mr. Menendez’s  independent campaign for Senate could be a longshot bid to return to the upper chamber, it also would allow him to use a campaign fundraising apparatus to cover his legal expenses, which have already totaled more than $2 million, according to Federal Election Commission filings. 

The deadline to file as an independent candidate for Senate also corresponds with the state’s congressional primary elections. Mr. Menendez’s son, Congressman Robert Menendez Jr., is running in a competitive primary against the mayor of Hoboken, Ravi Bhalla.

The mayor has made Mr. Menendez Jr.’s father and his alleged corruption an issue in the race, calling the senator an “embarrassment” to the state and criticizing him for refusing to endorse Mr. Kim, who will likely be the Democratic nominee for Senate.

Early polling by Fairleigh Dickinson University has found that even if Mr. Menendez were to run, Mr. Kim would likely be the favorite in the race. The survey found that Mr. Kim would lead a potential GOP opponent by nine points without Mr. Menendez in the race and by six points with Mr. Menendez in the mix.

Still, a potential independent bid from Mr. Menendez would likely be the best shot Republicans in the state have of flipping the Senate seat there, one Democrats carried by more than 11 points in 2018.

In the GOP primary, the mayor of Mendham, Christine Serrano Glassner, is running against a hotel owner, Curtis Bashaw. In the race, Ms. Serrano has positioned herself as a loyalist to President Trump. 

Mr. Bashaw is more of a moderate, though he has made sure to also express his approval of Trump. Mr. Bashaw also has the advantage of being endorsed by 14 of New Jersey’s 21 county parties, giving him the advantage of retaining the county line on the ballots there.

Although the county line system was struck down in a recent court ruling for Democratic primaries, the Republican party was allowed to keep using the system in its primaries for the time being.

Neither Mr. Menendez’s office nor Mr. Kim’s office immediately responded to a request for comment.


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