Posted on 08/08/2018 8:37:59 AM PDT by SeekAndFind
TM Ping.
Check out # 39 and Article, other comments.
Thanks, Liz.
This is making me physically ILL.
ALL Democrats MUST be defeated. ALL OF THEM! The current Socialist Democrat Party must be crushed into DUST!
Vote as if your LIFE depends upon it, because it does!
I thought it was a primary.
Seems pretty dumb, if they aren’t gonna have a special before Nov the full term and lame duck special should be combined into a single vote but I don’t know if that’s kosher. Didn’t that happen with Steve Largent in 1994?
One couldn’t combine the two in one vote because a House term can’t be longer than two years.
I (re)found the deats on the Largent thing
Apparently the House accepted a gubernatorial appointment of Largent to fill the remainder of the term even though it’s unconstitutional
OK Law
A. Except as otherwise provided by law, whenever a vacancy shall occur in the office of a member of the United States Senate or United States House of Representatives from Oklahoma, such vacancy shall be filled at a Special Election to be called by the Governor within thirty (30) days after such vacancy occurs.
B. No special election shall be called if the vacancy occurs in an even-numbered year if the term of the office expires the following year. In such case, the candidate elected to the office at the regular General Election shall be appointed by the Governor to fill the unexpired term.
Very interesting. As Bob Michel said, if the governor is deemed to have appointed the Representative, then it would be unconstitutional for such person to be sworn in and to vote in the House. However, an argument can be made that an “appointment” is when the governor decides who to name, and the OK statute does not give the governor such authority (despite using the word “appointment”), instead instructing the governor to perform the ministerial duty of certifying that the winner of the general election for the next term is also the winner of what is deemed to be a concurrent special election for the remainder of the prior term. Thinking it true, it is not so scandalous that Largent was deemed to have been elected to the remainder of the expiring term (the OK statute provides for such result, albeit clumsily, and voters in the general election for the next term should have been aware that their vote also would be deemed a vote for the unexpired portion of the current term), but I would have preferred that (i) the OK law was clearer in stating that the one election woukd be deemed to constitute two elections, and that the governor merely certified the winner instead of “appointing” him and (ii) the House announced that, upon analysis, it concluded that Largent had been elected, not appointed, instead of swearing him in first and calling for an analysis later.
When MN Senator Wellstone died in late October 2002, Gov. Ventura consulted with the state AG, who advised him that the general election for a six-year Senate term could not also elect a Senator for the unexpired portion of the term, so the Governor would have to appoint a Senator if he wanted the office filled prior to Jan. 3. (Ventura initially said that he would appoint the winner of the general election, but later expressed disgust with the “negative campaign” between Coleman and Mondale and appointed Refiorm Party Senate nominee Barkley.) I assume that, had MN law said that, when a Senate vacancy occurs within X days of the election, the general election shall be deemed to constitute two separate elections, the AG would have permitted the winner of the regular general to be deemed the winner of a “special election” as well.
A little legal artistry, I like it, I like it a lot.
Dean Barkley of course had been the Reform nominee for Senate in 1996 (and Independence nominee in 1994 before they took the Reform name and in 2008 long after they dropped it), but wasn’t a 2002 candidate, the Independence nominee that year was a dude name of Jim Moore and he took only 2%. Ventura, what a douche.
You’re right, Barkley was the former Senate candidate, not the 2002 nominee.
Thanks for the ping, Lucy
Not only did I mischaracterize Barkley as a current, not former, Senate candidate, my post also had the following embarrassing typo:
“thinking it true” instead of “thinking it through”
I also screwed up when I wrote “decides who to blame” (it should have been “decides *whom* to blame,” since one would blame *him*, not *he*), plus I made one or two fat-fingered typos. I really shouldn’t post so late at night.
I have asked before to be removed from your ping list. I have NEVER asked to be added to your ping list.
STOP PINGING ME!
YO! MICHIGANLANDERS!
YOU NEED TO REJECT ISLAM IN NO UNCERTAIN TERMS!
NOW!
We have Steve Largent 2.0 in the person of Kevin Hern (R), elected in OK-1 for the next term and “appointed” to fill the Bridensine vacancy.
Meanwhile, Brenda Jones (D-MI) elected (narrowly won primary over Muslim chick) to fill the Conyers vacancy but not elected (lost simultaneous primary for full term to same) to the full term is waiting to hear if she’s allowed to take office without giving up her Detroit City Council seat, which she is obviously loathe to do to play Congresswoman in a lame duck session.
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