Posted on 08/26/2009 11:13:28 AM PDT by Justaham
BOSTON (AP) - Massachusetts Gov. Deval Patrick said Wednesday he would support changing state law to allow him to appoint an interim successor to Sen. Edward Kennedy's seat while a special election is held. Unlike most states, a successor to a vacant U.S. Senate seat in Massachusetts is chosen by special election, not appointed by the governor.
In a recent letter to lawmakers, Kennedy, who died Tuesday night, said the law should be changed to allow the governor to appoint someone to serve in the Senate during the course of the election—provided that person pledge not to run for the seat.
(Excerpt) Read more at breitbart.com ...
Isn’t Massachussetts the Kennedy Fiefdom anyway?
Laws don’t matter to Demoncrats.
I’m almost shocked they bothered to change a law for what they demand. In NJ they changed the laws so Lousenberger could run after the running Demoncrat was indicted.
(I don't know the composition so not sure if they could use a filibuster or even if its available)
I can't imagine that by doing so, would not tie this up in court for at least the 5 months (maybe longer?) period which is the time which the present law calls for a special election.
If you notice...it’s only the governor saying this. Both the house and state senate would have to agree, and I’m not hearing nothing like that. I think the big guys want an election to clear the air. Note...I think they are stacking the deck so that a Kennedy doesn’t get the job.
If they do jump in and change the rules...Vicki...the wife of Ted...is the anticipated winner. I suspect that she hasn’t made many connections and most think she’s a 4-star loser.
Interesting point and legal conundrum for the Rats, not that they ever let a pesky thing like the law ever stop them from doing whatever is necessary to advance their corrupt agenda.
But I think you are right in that its "after the fact," and the "Clock began running" exactly 1 second after The Swimmer assumed room temp.
“Isn’t Massachussetts the Kennedy Fiefdom anyway?”
Yes, but a shoe-in election isn’t enough. They need a vote now! They have to pass healthcare reform. It’s an emergency!
Even in death, Teddy is manipulating MA politics. All of this to ram another shlock piece of anti-Constitutional legislative tripe down the throats of the sheeple.
Drop the charades. Bring it all on... Let’s get it over with.
“Wouldn’t that be an ex post facto law? The seat is vacant and the clock has already started ticking for electing the replacement”
I’m no law-talkin’-guy, but I don’t think it would be ex post facto unless a replacement had already been elected.
Don’t the voters in MA have any self respect? I mean, under the current law, the VOTERS have the power to elect their next U. S. Senator.
Are they going to willingly give up that power? Are they wimps and weenies?
(BTW, the root word for weenie is wee.)
The history of Kennedys’ meddling with Senate seats goes back even further:
“...Joseph Kennedy wanted Ted to fill John’s Senate seat, but because the Constitution required that all U.S. senators be at least 30 years of age, Ted would not be eligible to hold that office until February 22, 1962. On Joseph Kennedy’s insistence, President-elect John Kennedy asked Massachusetts Governor Foster Furcolo to appoint Benjamin A. Smith II, a Kennedy family friend, to fill John’s old Senate seat until 1962, at which time he would be expected to step down and permit Ted Kennedy to run for the office in a special election; Furcolo complied, as did Smith.”
http://www.discoverthenetworks.org/individualProfile.asp?indid=804
I don't think Torricelli had been indicted. I think he was just losing badly in the polls at the time, due to public disclosure of illegal campaign contributions.
-PJ
I understand that there used to be, before Romney.
I knew this was gonna happen. So Kennedy can give the country the same care he gave Mary Joe Kopechne.
I thought the election law was that you can't change the rules of an election once it's underway.
The only wiggle room that I see is that someone could say that the seat being vacated doesn't automatically start the clock, but that the clock starts when the governor announces the special election date. There should be rules for how long it takes the governor to announce that date. He can't delay the announcement in hopes of the legislature passing a new law avoiding the special election.
However, I do believe that the process begins with the vacating of the seat, and that we're already into it. Step 1 is already being invoked, which is the setting of the special election date within a due diligence timeframe.
-PJ
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.