On July 22, the 7th circuit issued this two-page order in Judge v Quinn, 09-2219. It says that Illinois must hold a special U.S. Senate election on November 2, 2010, whether Illinois has any state election laws on how to handle that or not. The special election is for the seat that would have been up in 2010 anyway. The special election will merely determine who holds the seat between November 3, 2010 and January 3, 2011.
Superficially, the two-page order is a denial of the state’s request for a rehearing en banc. However, the original 3-judge panel modified its earlier opinion to make it clear that the election is required under federal law. The order says, “To the extent that Illinois law makes compliance with a provision of the federal Constitution difficult or impossible, it is Illinois law that must yield.” Thanks to Jeff Trigg for the link.
The Greens should get a candidate for this seat as well. Even if the term is about as long as Dean Barkley’s….
The party hack MORON 7th Circuit judges could NOT connect that gerrymander U.S.A. Senators have 6 year terms ending in January of odd years with the 17th Amdt vacancy stuff.
i.e. A vacancy might *happen* anytime in such 6 years — especially too close to the next regular election for the office or other statewide offices.
Sorry – the formation of each State was a gerrymander Act of WAR against REAL Democracy — thus the party hack gerrymander monarchs/oligarchs in the U.S.A. Senate since 1789 — especially during the 1789-1865 free/slave States era of EVIL.
The special election would determine who would serve after the results are canvassed. There is no requirement that the election be held on November 2.
I think in the original opinion, Judge Diane Wood was auditioning for a seat on the US Supreme Court, and was demonstrating that she could parse the 17th amendment to a fine powder. Perhaps the original decision was too nuanced.
The plaintiffs had sought to force an early election (in 2009) and the district court had refused to issue an injunction. It was that decision that had been appealed. The 7th Circuit affirmed that decision, and relied in part on an appeals court ruling in the vacancy following Robert Kennedy’s death, where the temporary appointee served 2-1/2 years. This may have been confusing, since there was never a special election in New York.