To: Iwo Jima
No, there would be no special election. If Delay were so stupid as to stay in Virginia, he would be ruled ineligible after he won the election and Lampson would be declared the winner and seated. Just where did you get that? dead people have been elected, clearly ineligible, and the second place finisher was not seated. a special election would be called.
To: TWfromTEXAS
There is no provision in the Constitution for a special election when the successful candidate is declared ineligible. The second highest vote getter (assuming he is eligible) is declared the winner and seated.
As to dead people being elected, I assume that you are thinking about the 2000 Missouri senate race. If that election had been challenged (which was not done because Ashcroft wanted to be magnanimous), it would have happened as I say. That seat was falsely declared "vacant" (it was not, Ashcroft won it fair and square), and the governor appointed a replacement. Eventually, a special election was held under the false premise that there was a vacancy. But it was all BS. It would never have been allowed in court, but no one challenged it.
181 posted on
07/06/2006 1:49:36 PM PDT by
Iwo Jima
("Close the border. Then we'll talk.")
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson