The recall for Senator Robert Menendez, an appointee, polls at 39 percent in favor, according to a Rasmussen poll.

Phil Sovereignty reports on his blog that 34% would vote to keep Menendez in office, and the rest are undecided.

The recall movement is based partly on Menendez’ record of voting with Obama, and especially the Senate late-night vote for Obamacare and his support of the reconciliation bill.

51% of New Jerseyans oppose the Patient Protection and Affordable Care Law of 2010 and want it repealed, because the NJ electorate splits between support and disapproval of Obamanationcare.

The recall movement has been certified to proceed in court, but a conflict exists between the US Constitution and the NJ State Constitution on the legality of recalling a sitting Senator.