TRENTON, N.J. (CBSNewYork/AP) – New Jersey’s top court has decided not to hear arguments on when Gov. Chris Christie has scheduled a special U.S. Senate election, effectively leaving the date at Oct. 16.

Democrats had sued, saying the election should be held on Nov. 5, the same date as the general election.

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The election is to complete the term of Sen. Frank Lautenberg, who died earlier this month.

Party primaries are scheduled for Aug. 13.

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On the Democratic ticket, Newark Mayor Cory Booker is facing off against State Assembly Speaker Sheila Oliver, U.S. Rep. Rush Holt, and U.S. Rep. Fran Pallone.

On the Republican side, former Bogota Mayor Steve Lonegan is vying against Alieta Eck, former President of the Association of American Physicians and Surgeons.

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