Posted on 08/16/2002 7:33:48 AM PDT by PJ-Comix
Washington
- Former Rep. James Traficant, who spends his days in a Pennsylvania prison instead of on the campaign trail, may well be within his rights to run for Congress in Ohio, a research arm of Congress says.
After his conviction on corruption charges, Traficant was expelled from the U.S. House last month. But he has filed petitions to be on the Nov. 5 ballot as an independent in the newly drawn 17th District, stretching from Akron to Youngstown, and his candidacy has raised questions about whether he can legally run.
The Congressional Research Service, a branch of the Library of Congress, issued a report this week suggesting that the answer is yes.
The Constitution sets forth only three qualifications for congressional service: age (25); citizenship, and inhabitancy.
In using the term "inhabitant," instead of resident, the framers intended to leave enough leeway for someone to be elected from a state even while temporarily living somewhere else for a lengthy period, the research report says. The idea was to require "an actual connection to the state" without disqualifying those who took leaves for work, medical concerns or other reasons.
Jack Maskell, author of the research service report, said the term "inhabitant" would probably apply to anyone who maintained a residence - "domicile" in legal parlance - in the state he was seeking to represent on Capitol Hill.
Traficant is opposed by Democratic State Sen. Tim Ryan of Niles, Republican State Rep. Ann Womer Benjamin of Aurora, and another independent, former labor leader Warren Davis. None has challenged Traficant's candidacy, but the Trumbull County Board of Elections has submitted questions about Traficant's residency to the county prosecutor and the Ohio secretary of state.
Although Traficant is likely to spend at least seven years in the federal Allenwood correctional facility, he maintains an address with his wife in Poland, Ohio, a suburb of Youngstown. Maskell said a strong argument can be made that Traficant qualifies as an inhabitant of Ohio.
But Traficant won't be able to vote for himself. The Mahoning County Board of Elections last week canceled his voter registration because of the felony conviction.
Although the research service's opinion is not binding and Traficant's residency status could be challenged in court, states cannot add qualifications in a federal race, the report says.
Diane Firlik, an aide to Ohio Secretary of State Ken Blackwell, said Blackwell will not render a formal opinion on the Traficant residency issue.
Congress, which has sole power to judge the qualifications of its members, could review the issue of inhabitancy and challenge the election in the event Traficant wins, said House Administration Chairman Bob Ney, a St. Clairsville Republican.
But overturning an election "would in my opinion be an extreme move," Ney said.
Although Traficant is likely to spend at least seven years in the federal Allenwood correctional facility...
NOT if Traficant's Appeals Attorney gets his ass in gear. Last week Judge Wells RECUSED herself from another case because of the EXACT SAME conflicts of interest present in the Traficant Case. Traficant's appeals attorney would have to be a TOTAL NITWIT not to make this a basis for overturning the case. This is a NO-BRAINER!
Though Jailed, Could Traficant Run?
.....Could Traficant have served in Congress if re-elected?
Nothing in the Constitution precludes convicted and incarcerated individuals from serving in Congress or as president. Had Mr. Traficant been jailed in Ohio and lawfully re-elected, he could have possibly attended sessions of the House under a work-release program. However, officials at the U.S. Bureau of Prisons (BOP) stated they would have objected to any such arrangement.
After commenting during his trial that he planned to escape from jail, Traficant was classified as a flight-risk inmate by the BOP. Federal prisoners considered flight-risks are rarely, if ever, allowed participation in work release or furlough programs.
More stuff that will be proved wrong.........
I sure hope you're right. Also, take note, AnnaZ. Maybe you can interview to Traficant's Appeals Attorney on your next radio show.
Whacked at Allenwood??? Very very unlikely. It is one of the mostly likely summer homes away from home for Federal prisoners.
His "Hair" Is Horrible
But His Heart Is Great
VOTE TRAFICANT!
Then have the graphic posted here so Ohio Freepers can download it for use in the his Congressional District Race. It sure would be an attention getter. Most likely it would make the NEWS bigtime in the Youngstown area.
They are to busy playing tennis to whack anyone. ALL of them are in there thru a miscarriage of justice.
His "Hair" Is BAD
But His Heart Is GOOD
VOTE TRAFICANT!
I think it works out better this way.
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