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To: connectthedots
If the court voids the election, the office does not become vacant. It was never filled by the election. The legal definition of 'Void' means it is as if it never happened in the first place.

If that definition is true, then it is not so much a vacancy as it is a continuation of the 2004 election. If it is a continuation of the 2004 election, then several things come into play: 1) the argument that the gubernatorial election must coincide with the legislative election is still adhered to (as this is still a part of the 2004 election), and 2) that a "revote" has to wait until the next general election might apply to vacancies, but this is not a vacancy, it is a voided election so the court could order the legislature to call for an immediate revote (if it can't do it itself).

Now, the difference between a revote of the 2004 slate and a new election is significant: if it is truly a revote, then the 2004 slate from November 2 should be the exact slate that the population votes on again. If it is a new election to fill a vacancy, then anyone can announce a candidacy and run.

It seems that the logical conclusion is that the 2004 gubernatorial election is voided, and the exact slate is to be revoted on at a date specified by the courts.

-PJ

616 posted on 02/04/2005 6:48:19 PM PST by Political Junkie Too (It's still not safe to vote Democrat.)
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To: Political Junkie Too

i think you get the general gist of wnat my argument would be. The position of governor is too important to wait anothe nine months for an election.


622 posted on 02/04/2005 6:52:13 PM PST by connectthedots
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