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To: mtbopfuyn
Declare the seats vacant and call for a vote.

It would be a nice resolution, but it's not possible.

Read the Election Code, especially this part.

There's no provision to declare an office vacant. Vacancy occurs only on death, resignation, declination, or removal. Resignation and declination require an overt declaration by the office-holder.

Removal requires action by a court or tribunal. I haven't found any basis for either to act.

When this is all over, I expect there will be legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again.

6 posted on 07/31/2003 9:15:18 AM PDT by justlurking
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To: justlurking
"...I expect there will be legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again."

Does this require a 2/3rd's majority to pass? Would this not be a hard sell in a divided house?

17 posted on 07/31/2003 9:30:56 AM PDT by bigfootbob
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To: justlurking
The Senate has rules regarding attendance or not being absent without an approved okay. However I find no penality specified in their rules for failure to attend. They do provide for expelling a member for misconduct with a 23rds vote.

21 posted on 07/31/2003 9:55:32 AM PDT by deport
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To: justlurking
"legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again"

Excellant! Time for HARDBALL!!
33 posted on 07/31/2003 10:34:34 AM PDT by CyberAnt ( America - You Are The Greatest!!)
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To: justlurking
"When this is all over, I expect there will be legislation introduced next session to provide the basis for an office to be declared vacant if these tactics are used again."

And they will prevent the law from being passed by skipping the state.
37 posted on 07/31/2003 10:49:08 AM PDT by No Truce With Kings (The opinions expressed are mine! Mine! MINE! All Mine!)
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