On February 27, the Ninth Circuit issued an opinion in Tedards v Ducey, 19-16308. This is the case over whether the U.S. Constitution required Arizona to hold a special election for John McCain’s vacant seat sooner than November 2020. McCain died in August 2018 and the plaintiffs argued the Constitution did not permit the seat to go for so long without an election.
Ballot Access News
Edited By Richard Winger
The US Constitution gives Congress time and manner authority over election of Senators.
Congress should require special elections be held within 60 days of a vacancy, using a Texas-style special election (no nominations, runoff if no majority). States could still provide temporary appointment for the interim.
While they are at it, they should do the same for the House.
Amendment XVII (1913)
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies:
>>>>> Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. <<<<>> <<< language [detected by the court] ???
Thus – more Guv appointed HACKS coming than elected gerrymander HACKS ???
Even more blatant Guv/monarch puppet Senators ??? — adding more monarch ROT in the USA.
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ABOLISH the minority rule USA Senator [and EC].
PR
APPV
TOTSOP
@DR,
Congress can require earlier, rather than later special elections. This requires a statute.
Congress has already done this for Representatives in certain circumstances. They should make this general, and apply it to both houses.
No need to amend the Constitution.
Who would be your agent for abolishing the US Senate?
Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election [[[ as the legislature may direct.]]]
Sorry — NOOO power of gerrymander Congress to order Senator vacancy special elections.
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Agent – The Democracy States which secede from the ANTI-Democracy USA regime.
See 1787 Const ignoring 1777 Art Confed. — may happen if FL and TX get Donkey Prez pluralities in Nov 2020 [ on top of CA, IL, NY ].
@DR,
Congress may provide the time and manner of senate elections (Article II, Section 4).
A State may permit the governor to make a temporary appointment until the election is held.
Jim, that’s actually one of the few things we here in Tex-ass do halfway right on elections! That said, leaving the exact date for the election call in the hands of the gov, as I know you know, and some related issues related to timing on special elections vs. fills by appointment (thinking of the Republican who was time-gerrymandered into nearly 2 years as Dallas County DA) still needs fixing.
And don’t feed trolls … or DemoRep!