Late on September 17, the Massachusetts House passed HB 656 by a vote of 95-58. This is the bill that lets the Governor fill a U.S. Senate vacancy almost immediately after the seat becomes vacant. The appointee would only serve until the special election, which would normally be held five months after the vacancy occurs.
As far as is known, the Massachusetts bill (if it becomes law) will be unique among the 50 states. Generally speaking, states that call a special U.S. Senate election fairly quickly after the vacancy occurs do not also provide for a gubernatorial appointment between the date of the vacancy and the special election.
Of course, most states don’t call early special elections to fill Senate vacancies. Instead, in most states, the Governor appoints someone who serves until the next regularly-scheduled Congressional election. And, sometimes the gubernatorial appointee is even permitted to serve more than two years. For example, Robert Kennedy was killed in early June 1968, and New York law permitted the man appointed by Governor Nelson Rockefeller (Charles Goodell) to serve all the way until January 1971, more than two and one-half years.
How many RINO’s voted for it ?
I doubt any Republicans voted for it.
Changing the rules while the games are being played. The law goes into effect when the vacancy occurs. Vacancy has occurred, now the rules are to be changed. Unbelievable. Hopefully someone will take this to court. Someone mount a referendum.
I don’t agree with the idea that “the rules of the game should not be changed in the middle of the game”. Every time a minor party wins a ballot access lawsuit in time to get some relief, that is “changing the rules of the game in the middle of the game.” I’m all in favor of changing the rules if it improves voters’ rights. And it seems to me that the voters of Massachusetts benefit from having 2 U.S. Senators between now and January 2010. U.S. Senators provide constituent service as well as vote on bills.
However, this was political staging. The Democrats changed the law a few years ago to prevent a Republican governor from replacing a Senator and now the Dems rewrite again for their benefit. While I dislike Reps., Dems wreak of foul play by changing the laws every time it doesn’t meet their own needs. While it may be legal, the ethics are dirty, dirty, dirty.
wouldn’t the US Senate be the main scene of action to prevent an appointee from taking office?
yeah, I doubt much will occur there
The EVIL party hacks are experts in rigging elections — i.e. ANY part of the election process that is NOT in a Constitution.
NOT quite yet having Stone Age party hack hereditary regimes — but getting there EVIL step by EVIL gerrymander step ???
Texas permits the governor to appointments a Senator if Congress will be in session during the time of vacancy.
A special election is held on the next uniform election date (which is currently in May or November, but at one time included dates in February and October) that is at least 36 days away. In addition, the governor may call an earlier special election (36 to 50 days from the date of proclamation).
When Morris Shephard died in April 1941; Andrew Jackson Houston was appointed senator. Houston, the son of Sam Houston, was 87 at the time and at the time was the oldest person to have been sworn in the Senate. His appointment occurred on April 21, the 105th anniversary of the Battle of San Jacinto; and 95 years after his father had first been elected to the Senate. Houston died on June 26, and W.Lee (Pappy) O’Daniel was elected on June 28 to fill the remainder of Shephard’s term.
In 1957, Price Daniel resigned in January to become governor. William Blakely was appointed to fill the vacancy and served until April when Ralph Yarborough was elected to serve the remainder of Daniel’s term. Following the 1957 election, Texas changed to require a majority in special elections.
In January 1961, Lyndon Johnson resigned in January to become Vice President. William Blakely was again appointed to fill the vacancy, and served until he was defeated in the May special election runoff by John Tower (Blakely did not run in the special election in 1957).
In 1993 Lloyd Bentsen resigned to become Secretary of the Treasury. Robert Krueger was appointed to fill the vacancy, and served until he was defeated in the June special election runoff by Kay Bailey Hutchison.
Congress of course has the authority under the Constitution to regulate the time of election of Senators, including special elections (they in fact did so when Senators were elected by the legislatures).