Replies

“He has five years left in his term. Whoever Governor Barbour appoints will be in the senate for a long time.”

No, the person appointed by Gov. Barbour would only serve until a special election is held, and it is the winner of the special election who would serve the remainder of Lott’s term. Gov. Barbour said that he would schedule the special election for November 2008 (to coincide with the general election for congressional and presidential races), but I recently read that if Lott resigns prior to January 1 (as he intends to do, especially since he would be able to start lobbying quicker than if he was in office on January 1 when the new ethics law goes into effect) that Barbour would need to call the special election within 90 days of the resignation taking effect. I hope that’s not the case, though, since a GOP Senator that has been in office for 9 months and is running in a presidential election would have a much easier election than someone who has only been in the Senate for 3 months and is running in a low-turnout special election.

The MS Code:

MISSISSIPPI CODE OF 1972
As Amended

SEC. 23-15-855. Elections to fill vacancies in office of U.S. Senator; interim appointments by Governor.

(1) If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of such vacancy, issue his proclamation for an election to be held in the state to elect a Senator to fill such unexpired term as may remain, provided the unexpired term is more than twelve (12) months and the election shall be held within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided.

(2) In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill such vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the Senator so appointed shall serve until his successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year he shall serve for the full time of the unexpired term and no special election shall be called by the Governor but his successor shall be elected at the regular election.

SOURCES: Derived from 1972 Code Sec. 23-5-229 [Codes, Hemingway's 1917, Sec. 6835; 1930, Sec. 6279; 1942, Sec. 3308; Laws, 1914, ch. 148] and Sec. 23-5-231 [Codes, Hemingway's 1917, Sec. 6836; 1930, Sec. 6280; 1942, Sec. 3309; Laws, 1914, ch. 148], both Repealed by Laws, 1986, ch. 495, Sec. 335; En, Laws, 1986, ch. 495, Sec. 260, eff from and after January 1, 1987.

“23-15-855 (1), of the Mississippi Code
(1) If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of such vacancy, issue his proclamation for an election to be held... within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor’s proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided.”

Houston, I just read your post #17, and that’s what I had read elsewhere.

I guess that if Lott resigns prior to Jan. 1 that Barbour must call the special election not later than early April. I hope Lott resigns in January instead of December, but if he insists on resigning on Dec. 31, I hope that Barbour calls the special election for April 9 (the last day possible) so that it’s as close to the income-tax filing date as possible (which would allow the GOP to remind voters about how the Democrats are poised to let the 2003 tax cuts expire, thereby raising taxes in 2011). In any event, I think that Chester will resign effective Dec. 31 and screw conservatives one last time (remember, Lott’s actions are what got us Democrat Congressman Taylor in his old congressional district).

I’ve been trying to think of ways that Gov. Barbour can get around the law and hold the special election in November. Since the law says that the date of the election must be announced within 10 days of the governor receiving notification of the vacancy, couldn’t Lott resign on Dec. 31 but send the notification to Barbour via regular mail, so Barbour wouldn’t be “notified” until early January? Such a scheme may not work, since the law says that the election must be held within 100 days of the notification unless the “vacancy shall occur” in a year in which there is a general election. If Lott resigns on Dec. 31 and Barbour receives notification on Jan. 4, would the vacancy have “occurred” on Jan. 4 or Dec. 31? The Mississippi Supreme Court would probably get to decide that, and it may not rule our way. I think the scheme is still worth it even if the courts rule that the election still needs to be held within 100 days of the notification, since it would allow Barbour to schedule the special election for April 13, when the tax issue would be even more on the minds of voters than if it were held on April 9.

If I were a Democrat, I would propose that Gov. Barbour could read the words “a year” in “unless the vacancy shall occur in a year that there shall be held a general state or congressional election” to mean “a 365-day period” instead of “a calendar year” and thus allow him to call the special election for November 8, 2008 so long as Lott resigned after November 9, 2007, but as a Republican I can’t make such a weaselly argument without cringing. : )