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 [...]
Archive of posts filed under the Vacancies category.
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. [...]
Illinois’s Unconstitutional Procedure for Filling the Obama Vacancy
An interesting Seventh Circuit opinion earlier this month considers the constitutionality of Illinois’s procedure for filling the Senate seat vacated by Barack Obama after his presidential election. (hat tip, Election Law Blog). Among other things, the court confirms my view that the term of Senator Burris (who was appointed by then-Governor Blagojevich as a temporary replacement [...]
Should He Stay or Should He Go?
Congressman Eric Massa (D-NY) has announced that he intends to resign from Congress effective 5 pm today. Massa had announced last Wednesday that he would not seek re-election for health reasons, but his decision on Friday to resign immediately was apparently prompted by revelations that the House Ethics Committee is investigating him for “sexually harassing” [...]
Senator Kirk’s Term and the Senate’s Constitutional Responsibility
From comments made on various blogs, as well as exchanges with the election experts cited in this Politico story, I have distilled the following questions/criticisms regarding my prior post on Senator Kirk’s term. 1. What proposition do the precedents cited in my post stand for? Both the 1939 case involving Senator Berry and [...]