Posted on 08/27/2008 8:14:45 PM PDT by buccaneer81
Gov. Strickland orders election to replace Tubbs Jones Wednesday, August 27, 2008 8:50 PM
Associated Press Cleveland - Gov. Ted Strickland on Wednesday ordered a Nov. 18 special election to elect a candidate to fill the final weeks of the late U.S. Rep. Stephanie Tubbs Jones' term.
The winner will serve through December.
The special election will come two weeks after the general election, during which voters will select a representative to serve the 11th district for two years beginning in January. Tubbs Jones was facing re-election this year in the district that includes Cleveland and several eastern suburbs.
If more than one candidate from either party files to finish out her term, a primary election must be held Oct. 14.
Strickland's decision comes after he said he would prefer not to hold a special election. The cost to Ohio taxpayers will be between $4 million and $5.5 million if both the primary and special elections are held.
Tubbs Jones died Aug. 20 after suffering a brain hemorrhage caused by a ruptured aneurysm. The 58-year-old was the first black woman to represent Ohio in Congress.
The governor's legal counsel, Kent Markus, had researched whether a special election to fill the term was required by law. Ohio Attorney General Nancy Rogers wrote to Markus Wednesday, citing a 2004 federal appeals court ruling that followed then-Gov. Bob Taft's decision in 2002 not to hold an election because he thought it would be a waste of money.
The ruling stated that the U.S. Constitution mandated a special election, regardless of cost, and even if a vacancy occurs late in the term, Rogers said.
"The Court noted that Congress often does not adjourn when planned and that matters of national interest sometimes arise for vote after that time," she said.
But it's unlikely that the replacement would vote on legislation this year, since no House balloting is scheduled after Sept. 26.
Members of the Cuyahoga County Democratic Party's executive committee who live in the 11th district must select a candidate to replace Tubbs Jones on the Nov. 4 ballot.
Ohio ping.
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