I’m not ignoring deceased individuals “winning” races, only that (with respect to federal races), that this be a disqualifier based on failure to meet residency requirements. We have strict requirements in TN based on this, and said votes DO NOT count, because the person is immediately removed from the ballot. It might not be fair to a given party, but it’s how it is. After all, the write-in option kept the murderer of the incumbent State Senator, the sole candidate in the race at that point, from winning the election.
As I also said, Republicans in 2001 should’ve vigorously contested the illegality and illegitimacy of the MO race and the appointment. But they refused to do it and let this individual occupy the seat for 2 years at the expense of their majority.
As for the example of the Socialist Workers Party candidate, he should’ve been summarily disqualified from the ballot.
As he said unfortunately the constitutional residency requirement is to serve not to merely to be on the ballot, which is up to the state.
I don’t see how they could have seated Ashcroft, he lost. Congress has never done that as far as I know and I don’t think that would be proper irregardless of this one circumstance where it would have benifited us.
As for what the law SHOULD be if I was writing it, I see is no reason why a candidate shouldn’t be able to be replaced no matter if the election is in a month or week or a day. I’d allow substitutions up to election day, including if need be keeping the old name on the ballot but letting a vote for the dead or withdrawn candidate count for the new nominee, as I believe was the case in Florida 2006 when votes for Foley counted for Joe Negron (I’m not sure if that included absentee ballots mailed before the replacement, early voting now presents an additional complication re late replacements).
I also think (though it just bit our a$$ in Bama) Senate specials should be required to take place promptly (ie a couple or 3 months, not 6 or 8 or 10) not at the next general election up to 2 years away.
That’s all up to the states though.