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Late U.S. Rep. Donald Payne's son, Sheila Oliver lead succession talks

Congressman Donald Payne speaks during the announcement of a $7 million federal grant for
New Jersey fire departments at the Newark Fire Training Academy

TRENTON — With the death of U.S. Rep. Donald Payne from colon cancer, the delicate question of who will succeed him surfaced discreetly among the political class Tuesday. It was quickly followed by a couple thornier ones: How does that happen, and when? In conversations with a number of Essex County political operatives, two names were frequently mentioned: Donald Payne Jr., a son of the late congressman who is a Newark councilman and Essex County freeholder, and Assembly Speaker Sheila Oliver, who counted the elder Payne among her mentors.

Less frequently referred to was Newark Councilman Ron Rice Jr., who had been exploring a candidacy even before Payne announced that he had cancer. The Essex County Democratic chairman, Phil Thigpen — who was the congressman’s second cousin — said he wanted to wait until after Payne’s funeral to even broach the question of a successor, though he did note that he heard Oliver’s name come up. "I heard it this morning, but I’m not too enthusiastic about that one because she’s in a very important position," Thigpen said. "I’m just concerned that where she is, the status of that position, that person has much more effect on the day-to-day events in this state than a congressman does. You have to think about that."


Whoever is interested in succeeding the 23-year congressional veteran, the path is tricky and the timing difficult. For starters, the seat will remain vacant until November. And unlike Senate seats, which a governor can fill temporarily, a representative cannot be appointed. Paul Josephson, a Democratic election lawyer, explained the rest of the process this way: Candidates must file to run in two June primary elections by April 2 — a special one to fill the remainder of Payne’s term from November to January, and a regular one to serve a full term beginning in January.

N.J. Assembly Speaker Sheila Oliver's name came up in conversations
of who would succeed U.S. Rep. Donald Payne, who died today.
N.J. Assembly Speaker Sheila Oliver's name came up in conversations of who would succeed U.S. Rep. Donald Payne, who died today. In the heavily-Democratic district that includes parts of Essex, Hudson and Union counties, winning a primary is tantamount to victory in the general election. Come November, Josephson explained, the two general elections are held, one for the special term and the other for the regular one.
But it’s not that simple this year because of redistricting. The special elections will include the old 10th District, whose boundaries are valid until January, and the regular elections will be for the new 10th District, which was redrawn three months ago. Voters in Elizabeth, for instance, which was dropped from the district, will get to vote in the special primary and general election for the last two months of the term. But they won’t get to vote for the full two years.

At this point, it’s not clear whether Oliver or Payne wants the job, and several others have been mentioned as well. Oliver said she heard her name "in the ether today," but would not say if she had any interest, and Payne did not return a call seeking comment. "I am singularly focused on mourning the loss of Congressman Payne and being there to support his family in any way that I can,’ Oliver said. "I believe it is premature to speculate and I believe it is inherently disrespectful for anyone to even engage in that kind of discussion on the day that this great iconic figure has passed."
There are other considerations as well.

If Oliver, an East Orange resident, were to go to the House, she would occupy what has been considered a Newark seat. In addition, her ascension to speaker was the result of a delicate power-sharing arrangement between power brokers from North and South Jersey, and her departure could set off a nasty behind-the-scenes power struggle. As for Payne, he is considered a leading mayoral candidate if Newark Mayor Cory Booker doesn’t seek re-election in 2014, and a run for Congress could reshape the city’s political landscape. For now, Payne’s seat will remain empty, and Essex County Executive Joseph DiVincenzo didn’t want to speculate about who might fill it. "I’m not even entertaining that," he said. "There’s been no conversation on my end."