Originally, I supported voting for the Democrat to punish the GOP for what they did. That was based on the assumption that the plan was for Cochran to resign within 6 month, and Haley Barbour would select his replacement for the next few years until the next general election. Voting FOR Cochran actually improves the chances for another Senate election in 2015. Voting for Childers does not.
However, Mississippi election law requires that a new election for Senator be held within 90 days of the vacancy. The appointed Senator would only last for 3 months until a Special Election is held.
McDaniel could actually run again in 2015 if Cochran were to be elected and then resign or die in office. This is better than having Childers hold the seat for 6 years.
Here is the relevant section of the code.
There are risks to this.
23-15-855. Elections to fill vacancies in office of U.S. Senator; interim appointments by Governor.(1) If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of such vacancy, issue his proclamation for an election to be held in the state to elect a Senator to fill such unexpired term as may remain, provided the unexpired term is more than twelve (12) months and the election shall be held within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided.
(2) In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill such vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the Senator so appointed shall serve until his successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year he shall serve for the full time of the unexpired term and no special election shall be called by the Governor but his successor shall be elected at the regular election.
1. McDaniel chooses to not run in the special election.
2. Cochran holds on and does not resign.
3. Barbour tries to get Mississippi to do what Massachusetts did when Mitt Romney became governor and change the Senate vacancy law to replace the 90 day call for a special election with a governor's appointment that runs to the next general election.
If you recall in Massachusetts, the legislature did the opposite: they replaced a governor's appointment with a special election to prevent Romney from appointing a Republican for several years. I fear that Mississippi might be influenced to change the Senate vacancy law in advance of Cochran resigning, so that a Governor's appointment would last more than 3 months.
McDaniel in 2015 in a Special Election!
-PJ
Thanks PJ.
I’d always heard the plan was for Cochran to resign the day after a special election is no longer a requirement. Just like Trent Lott did when he resigned.