Arizona statute could endanger Gabrielle Giffords's hold on seat

WaPo ^ | 1/17/11 | Philip Rucker

[markomalley]

Even as Rep. Gabrielle Giffords shows signs of a near miraculous recovery, with doctors upgrading her condition from critical to serious Sunday, a little-known statutory provision in Arizona state law could endanger the Democratic congresswoman's hold on her seat through what doctors say will be a protracted medical struggle.

A statute buried in Arizona law states that if a public officeholder ceases to "discharge the duties of office for the period of three consecutive months," the office shall be deemed vacant - at such time a special election could be called to fill the vacancy.

The law does not specify what those duties entail - it does not state, for instance, that a vacancy is declared if a member of Congress does not cast votes in Washington during a three-month period. And it could not be determined what Giffords's legal recourse might be should she be incapacitated for more than 90 days.

Still, the discovery of the statute has created an unforeseen legal complication for Giffords and state officials nine days after a gunman attempted to assassinate the congresswoman outside a Tucson supermarket, killing six people and wounding Giffords and 12 others.

[Just mythoughts]

http://www.kmbz.com/Husband-discusses-Giffords—progress-in-interview/8999102

My local radio station gave this update a little while ago. So it sounds like the Representative is well on her way to a full recovery.

[Poundstone]

You can guess what’s going to happen: the first Republican who formally files a petition to declare Giffords’ seat vacant will be on the receiving end of a massive fire-and-brimstone campaign orchestrated by the DNC and Big Media. How dare anyone try to vacate Gabby’s seat while she struggles bravely to recover from a devastating brain injury? Who cares if it takes a year or five years or ten years — what matters is our brave Gabby’s struggle! How low and mean for anyone to suggest she’s inadequate!

etc., etc., etc...

[pnh102]

This means nothing, as state governments cannot impose work rules on federal elected officials who happen to serve from a given state. Washington State tried to impose term limits on its congressional delegation in such a manner and the Supreme Court struck it down after it was challenged by then House Speaker Tom Foley.

There's nothing in the US Constitution that addresses what happens to a member of Congress if he is unable to perform the duties of his office. Outside of voting to expel the member, the people of the Rep. Giffords' district would be effectively unrepresented until the next Congress, assuming she is not re-elected.

[Candor7]

Even as Rep. Gabrielle Giffords shows signs of a near miraculous recovery,>>>>>>>>>>>>>>>>

Despite my sincere wishes for her recovery, I do not believe a word about this miraculous tripe. Her recovery process is politicized,meant to make the annointed one a saint, and to fuel viriol for the leftist agenda.

Giffords life is hanging by a thread. Do not believe the hype in the press. I feel sorry that her family has to put up with this vain foolishness by Obama.

[SunkenCiv]

Thanks markomalley. If it were to come to pass, Zero would have Holder challenge this in court.

A statute buried in Arizona law states that if a public officeholder ceases to "discharge the duties of office for the period of three consecutive months," the office shall be deemed vacant -- at such time a special election could be called to fill the vacancy.

[Just mythoughts]

Her husband is the one making the claim she insisted on giving him a 10 minute massage. It really does sound like a miracle.

[matt1234]

Yep, a new round of media-driven hysteria would ensue. But we should never let the SRM set the agenda.

[Bloody Sam Roberts]

In other words, it will take a Republican with balls and a real eff it attitude. Good luck finding one of those.

[Venturer]

Senator Robert Vyrd was unable to hold his seat for years, and they even kept electing him.

[Venturer]

Senator Robert Byrd was unable to hold his seat for years, and they even kept electing him.

[OldMissileer]

Heck, just let her staff vote for her like they did in the Senate with Quentin Burdick (D-ND).

[LibLieSlayer]

She is a dim... the LAW does not apply.

LLS

[kiryandil]

Fear not! The Muslim Pope of 1600 Pennsylvania Avenue NW will have her beatified before the spring is here.

[rickomatic]

In other words, it will take a Republican with balls and a real eff it attitude. Good luck finding one of those.

We need to all remember that in the long run it's all about politics. There is nothing to be gained politcally by replacing her at this moment in time. We hold a substantial majority in the House, and we would do more political harm than good by persuing this avenue. I think we should just let it lie. Let Arizona sort it out according to their laws. Unless they are mandated to replace her, I'd say leave it alone.

[agere_contra]

Lot of people praying for Giffords. She could well be recovering miraculously quickly. I saw the same thing happen with a friend of mine who was stabbed.

[BAW]

In other words, it will take a Republican with balls and a real eff it attitude. Good luck finding one of those.

Governor Brewer is one of those.

[Cyber Liberty]

Her husband is the one making the claim she insisted on giving him a 10 minute massage. It really does sound like a miracle.

Sounds like a lie to me. Being an Astronaut doesn't make him above lying.

[freespirited]

I dont think her life is hanging by a thread but I do think the rat media is underplaying the difficulties that regrettably lie ahead for her.

I dont know whether she would be able to resume her duties at some point. But within three months sounds completely unrealistic.

[B.O. Plenty]

The proper response would be that this law is the law.

If some people have a problem with it......

CHANGE THE friggin LAW...or go pound sand.

....you can bet your sweet ass that if the "office holder" was a 'rat, the 'rats would say just that.....and forge hell-bent ahead.