Oropeza's name remains on ballot, special election may be needed

SacBee: Capitol Alert ^ | 10/21/10 | Torey Van Oot

[SmithL]

The name of Sen. Jenny Oropeza, who died last night, will remain on the Nov. 2 ballot as a candidate for re-election to the 28th Senate District, election officials said this morning

The 53-year-old Long Beach Democrat died 12 days before the election. Her name is already on the ballot -- some of which have already been cast by absentee voters -- and state law prevents calling a special election to fill a vacant office within 68 days of an election.

Oropeza was expected to win re-election in the district, where Democrats have a 20-plus point registration advantage....

If Oropeza wins, a special election will be called after members are sworn in for the new term in early December,...

"If Sen. Oropeza receives a majority of the votes cast on Nov. 2, then she will be considered elected and then the office will be vacant..."

[SmithL]

Yeah, you called it.

If dead people can vote, why couldn’t they get elected, especially in a heavily Democrat district.

[Yaelle]

Aha. I wasn’t sure what would happen. Would not have voted for her under any conditions anyway.

RIP.

[nuconvert]

I have to wonder how long she’s been dying and could/should they have put someone else on the ballot instead?

[nuconvert]

I have to wonder how long she’s been dying and could/should they have put someone else on the ballot instead?

[SmithL]

fyi

[LearnsFromMistakes]

"If Sen. Oropeza receives a majority of the votes cast on Nov. 2, then she will be considered elected and then the office will be vacant..."

This has to be addressed at some point...eligibility to be elected (and no, I didn't say 'birth certificate'). I am not a lawyer, but it seems that there may be some residency issues with a dead candidate.

But it can be fun. Back in the day when 'Im still with Mel(Carnahan)' was all the rage in Missouri, and then he won the election...and his wife was appointed by the gov. The folks that liked that process hated John Ashcroft, and I did enjoy reminding them that he could have been 'just a senator', except for the whole dead-man-gets-elected thing.

[ridesthemiles]

How old?
Cause of death?
Expected?

Would not vote ever for a Democrat, but may she RIP.

[MortMan]

Not much else to do. To make a late change means that anyone who already voted is disenfranchised (in the proper sense of the word).

[SmithL]

Cross-Link: Democratic Sen. Jenny Oropeza, 53, dies
http://www.freerepublic.com/focus/f-news/2611991/posts

[calcowgirl]

Thanks for tracking this down — I was bein’ lazy, I guess (actually, kinda busy today)

Here is the website of the Republican nominee, John Stammreich.
http://www.stammreich4senate.org/

[funfan]

I dont mean any disrespect here but why would she still be running since she was so ill. One would think if you were very ill and one article I read said she was why would you
run again. People will vote for her if her name is on the ballot I suppose that is why it was still on there

[I am Richard Brandon]

"special election may be needed"

The 'Top Two' elections in California. The ultimate attempt at Gerrymandering of elections by Democrats. It can disenfranchise all Republicans (and just maybe Democrats)in a District.

[calcowgirl]

The “Top Two” election doesn’t go into effect until June of 2012.
(Thanks for nuttin’ Abel & Arnold)

[SunkenCiv]

Thanks SmithL for both.

• Democratic Sen. Jenny Oropeza, 53, dies

[calcowgirl]

Copied from the California board for reference/discussion

ElkGroveDan wrote:

If Oropeza’s name wins on that ballot there will be a special election called by the governor, no appointment is made, the seat remains vacant until filled.

Moreover you will see a furious battle for this seat with people moving in from all over. Under a court decision from the mid 90s term limits can only apply to full terms so this will effectively be a three-term Senate seat. 12 years of cushy perks and a nice salary.

For political trivia buffs I believe the court case was based on the musical chairs that David Roberti and Herschel Rosenthal engaged in out in the San Fernando Valley in the early 90s. Roberti left his West LA Senate seat and ran for the special election for the seat vacated in early 1992 by Alan Robbins was who was convicted on corruption charges, and then Rosenthal ran for Roberti’s seat in 1994. It was a pretty confusing square dance that allowed both of them to get extra years in the Senate beyond what term limits allowed.

[calcowgirl]

Just a follow up with my apologies — I was wrong.
I read elsewhere that the top-two wouldn’t go into effect until June 2012.

I guess that didn’t consider special elections.

This, from the Sacramento Bee:

http://blogs.sacbee.com/capitolalertlatest/2010/10/oropezas-name-special-election.html#ixzz138OAK100
“The special primary would not occur until after the new year. Because the election will be called in December, it is unclear whether the race would be the state’s first primary under the new voter-approved “top two” system, which takes effect Jan. 1.”