The issue isn't whether or not Toricelli can remove his name...
the issue is whether the Democrats can add a new name just weeks before the election.
Maybe they could schedule the next Presidental Covnvention 30 days before the general election and then field whichever Democratic candidate polls the best.
Why do it months in advance when you can argue that all those laws concerning signatures and calandar deadlines to get a name on the ballot are just impedaments to democracy that the courts can arbitrarily rule "Not Applicable".
Scott