[Iwo Jima]

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.

[Political Junkie Too]

See also Patsy Mink in Hawaii. She died one week after the primary, and the Democrats went to court to KEEP her on the ballot. She won posthumously.

-PJ

[TWfromTEXAS]

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.

No there are several examples of this. in the missouri case you are again mistaken. there was no special election because senators, unlike reps, can be appointed until the next regular national election. please tell me of one example of where the second place guy got the job.