Potentially emboldened by the fact that a convicted criminal is running for President of the United States, scandal-ridden Senator Bob Menendez, a Democrat from New Jersey, decided to run for a fourth term as an independent candidate rather than a Democrat. In March, Menendez announced he would not be running as a Democrat for his New Jersey Senate seat.
Facing Federal Charges

Menendez, age 70, is on trial for federal bribery charges in New York. He has indicated that his choice to run as an independent did not mean that he has changed his views. Menendez stated, “No, independent doesn’t mean I’m changing.”
Community Contributions

Menendez sees himself as a contributor to his community, citing his contributions to New Jersey residents throughout the pandemic and Superstorm Sandy.
Political Stakes

Menendez’s reasoning for running an independent campaign is, in some ways, obscure. Both parties are vying for a chance to hold a slim majority margin in the Senate, and any loss of a toss-up seat such as Menendez’s could imperil a party majority victory.
Uncertain Support

No one can confidently say how much support Menendez might receive compared to his Democratic opponent, current U.S. Representative Andy Kim.
Legal Troubles

Menendez has survived many legal battles over the course of his long political career, but his status was undeniably weakened by a 2023 federal indictment charging him with bribery and enriching himself in his position as a U.S. Senator.
Calls for Resignation

Menendez’s Senate colleagues and New Jersey Governor Phil Murphy called for his resignation from his office, which he refused to do. Menendez continued to fight charges against him and pleaded “not guilty” along with his wife in March 2024.
Republican Candidates

Along with Menendez and Rep. Kim, two Republican candidates well known to voters in New Jersey are on the ballot for the Senate seat. First is Curtis Bashaw, a hotel developer and favorite among GOP party leaders, and Christine Serrano Glassner, a Trump pick. Other Democrats on the primary ballot are Patricia Campos Medina and Lawrence Hamm.
Primary and General Elections

While Bashaw and Glassner will face off in the primary election for the Republican slot, and Medina, Hamm, and Kim will be narrowed down to one Democratic candidate, Menendez will not need to participate in the primary as an Independent candidate and will be available to voters as a selection in the November election.
Balance of Power

Whichever party prevails will be a key indicator of the sway of the balance of power between the parties in Congress. As Menendez tried to assure voters at the time of his announcement, it should be expected that Menendez would provide a reliable vote to his Democratic colleagues.
Strategic Move

It is likely a strategic road that Menendez is banking on in running as an Independent candidate. First, he is likely emboldened by former President Trump’s success in continuing a well-supported campaign despite his conviction in a criminal court. Menendez is indicted and charged but not yet convicted and maintains his innocence.
Avoiding Primary Battles

Second, Menendez would have to expend significant political and donor capital to ensure victory in a Democratic primary against frontrunner Rep. Andy Kim. By announcing his candidacy on June 4, the day of the New Jersey primary election, Menendez circumvented the difficulties of running two grueling and expensive campaigns—the primary and then the general election.
Independent Advantage

Third, Menendez’s position as an independent, if he should win, will afford him certain protections from vulnerability as he will be courted by both parties to be able to depend upon his vote. Given that he is persona non grata among his colleagues for his bribery allegations and history, being a courted independent could serve his purposes well.
Bribery Allegations

Federal prosecutors allege that Menendez has accepted bribes in the form of gold bars, mortgage payments, luxury cars, and cash. In return, Menendez has voted to favor particular business interests paying these expenses for him.
Diplomatic Defense

Menendez counters that his actions in question were related to his diplomatic duties and legitimate actions to serve his constituents. These are not the first serious charges lobbied against Menendez. In 2017, he was tried for committing Medicare fraud. That trial was never resolved, as it ended in a deadlock. This second time around, Menendez’s critics are less inclined to let him off the hook.
Party Reactions

At the highest party level in the Senate, Republican leader Senator Steve Daines said that Menendez’s entry into the race as an Independent candidate “makes that race a little more interesting.” Democratic Senator Gary Peters, head of the Democratic Senatorial Campaign Committee, did not think that Menendez could retain his seat despite his efforts to change to an Independent party. Peters is confident that the Democrats will hold onto the coveted Senate seat.
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