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Archive of posts filed under the Vacancies category.

Will the New Jersey Special Senate Election Survive Judicial Review?

Update: the answer to this question is apparently yes, as the New Jersey Supreme Court has declined to hear the challenge. A three-judge panel of the New Jersey Superior Court Appellate Division has issued this opinion rejecting a legal challenge to Governor Christie’s writ of election setting an October 16, 2013 date for the special election [...]

New Jersey’s Vacant Expression

Note to self- do not make casual observations about state statutes you know nothing about. Because it turns out that the New Jersey election law I cited in my last post is only one of two (or, who knows, maybe more) provisions that the New Jersey legislature, in its wisdom, has seen fit to enact [...]

Frank Lautenberg, RIP

Senator Frank Lautenberg of New Jersey, the last World War II veteran serving in the Senate, passed away today at the age of 89. New Jersey law provides: 19:3-26. Vacancies in United States senate; election to fill; temporary appointment by governor. 19:3-26. If a vacancy shall happen in the representation of this State in the [...]

Could Arizona Replace Representative Giffords?

The answer is yes.  Or no, depending on which edition of the Washington Post you read. On Monday, the Post ran an online story entitled “Arizona statute could endanger Giffords’ hold on seat” (which appears to be no longer available on the Post website) explaining that an Arizona statute requires that an office be deemed [...]

Still More on the Byrd Vacancy

State officials in West Virginia disagree as to when state law permits or requires a special election to fill a vacancy in the office of U.S. Senator.  The Secretary of State believes that current law requires the election to be held in November 2012, while the Attorney General believes that the law permits, if not [...]

West Virginia Attorney General Disagrees with Secretary of State on Byrd Vacancy

           The West Virginia Attorney General has issued this opinion rejecting the Secretary of State’s legal conclusion that a special election to fill the Byrd vacancy cannot be held until November 2012.  The Attorney General’s reasoning is essentially the same as what I suggested in these prior posts (see here and here), namely that the [...]

The Governor Weighs in on the Byrd Vacancy

            The Governor of West Virginia, apparently not entirely satisfied with the Secretary of State’s determination that the Byrd vacancy cannot be filled by a special election until November 2012, has asked the Attorney General to opine on the question of when such an election is to take place.  The Governor’s letter notes that “[t]he issue [...]

The West Virginia Secretary of State Refuses to Hold a Special Election in 2010

           The West Virginia Secretary of State has taken the position that the special election to replace Senator Byrd will not occur until November 2012.  She relies on Robb v. Caperton, a 1994 West Virginia Supreme Court case which applied the same vacancy statute in the context of a judicial vacancy.              Robb does provide [...]

When Should West Virginia Hold a Special Election to Replace Senator Byrd?

            As mentioned in my last post, I think that the Governor of West Virginia is likely obligated to call a special election to fill the vacancy caused by Senator Byrd’s death.  But when is such an election to take place?  The West Virginia statute does not directly address when the special election is to [...]

Is a Special Election Required to Fill the Byrd Vacancy?

           Senator Robert Byrd (D-W.Va.), the longest serving Member of Congress in U.S. history, passed away today.  R.I.P.              The vacancy created by Byrd’s death will be filled by the Governor under § 3-10-3 of the West Virginia Code.  This statute provides that if the unexpired term of certain vacant offices, including that of U.S. [...]