Not Surprisingly
The New Jersey Supreme Court just sided with the Democratic Party and ordered Toricelli replaced with Lautenberg. The decision is here.
Overseas and military ballots are given precedence and the Dems have to pay. The decision was 7-0 so I imagine this is inline with how the New Jersey Courts have dealt with similar situations in the past.
Republicans are claiming they will take this to the Federal Courts, but it is hard to imagine what the Federal Courts would be asked to decide. For the life of my I can’t figure out what federal question is involved. I don’t see any due process or equal protection claims of any substance.