“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.
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