On March 28, U.S. District Court Judge Mark Goldsmith, an Obama appointee, issued an opinion in Rhodes v Snyder, e.d., 2:17cv-14186. It says that there is nothing in the U.S. Constitution to require the Governor to call a special election to fill the 13th district U.S. House seat (in advance of the November 2018 election), even though it has been vacant since December 2017. Here is the 17-page opinion. Thanks to Thomas Jones for the news.
Congress should require all elections to fill vacancies in Congress to be held within 45 days of the vacancy, with no primary, and a runoff if necessary. Congress should pay a reasonable amount (perhaps $3-$5 per vote cast), with funding coming from the federal pension of the former representative or senator (with an exception for death or extreme disability) as well as conversion for any unexpended campaign funds.
Candidate/incumbent replacement lists —
NO more special elections — having new folks in the election area who may have voted in another area — ie NO double votes in a term.
@DR, The constitution is not going to be amended.
Jim Riley: You have a point to an extent. How ever, if a replacement is elected at the same time as an incumbent, that candidate would be considered elected.
JR —
Give this list a history break —
Election related Amdts-
12 Prez/VP
13 End of 3/5 slave math
14-2 Voters – all male citizens, 21 plus, adjustment for 13
15 Voters – all races
17 Elect USA Sens
19 Voters – Women
20 Terms changed
22 Limit Prez terms
23 DC vote for Prez/VP
24 Voters – No poll tax
26 Voters – 18 or more
12-27 = 16 Amdts
11 of 16 having election effects
TOTAL CRISIS – NOW
Minority rule gerrymander oligarchs
PARTISAN executive and judicial HACKS
Copy and paste very close to computer screens.
Never say never.
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PR and AppV
@DR,
Congress has had time, place, manner over congressional elections since 1789. Elections are simple. Our ancestors knew how to do it. The governor would issue writs of election (fancy term for sheet of paper with official seal saying when the election would be held). The voters would gather at the courthouse on the appointed day, take a chaw of tobacco, a swig of cider, wipe their mouth on their sleeve, write a name on a piece of paper, and stick their ballot in a hat.
Under my simple statute, the election would have been held within 45 days of December 5, 2017 when the vacancy occurred (January 19 at the latest). If there were a runoff it would have been held on March 5 or sooner.
The new congressman would be in Washington now, even if he had to travel by stagecoach.
Mere 136,669,235 total Prez votes in Nov 2016.
311,268 in DC
FEC – Federal Elections 2016
Do the math for the 435 gerrymander districts in 50 States / 435.
The special election stuff for USA Reps is from the DARK AGE stuff of special elections for members of the Brit House of Commons in small districts with small numbers of voters.
When was the first special election for a USA rep ???
How about in a State having ONE USA Rep ??? — as was the case in many early new added States to the West.
How many special elections for USA Reps [and State legislators] in 1861-1865 — with deaths, resignations, expulsions/purges ???
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ONE election day
PR — NO special elections —
Candidate/incumbent replacement lists — to get a bit *modern* and OUT of the DARK AGE.
@JR:
But wouldnt electing an incumbent and a replacement during the same election make more sense? I mean, you could make the replacement candidate act like a shadow representative and give it some viability.
@Derek,
The constitution requires the governor to call a special election in case of a congressional vacancy. It is a bit dubious to claim that the election had already been called a year earlier.
@DR,
June 22, 1789.
New Hampshire held its first congressional election on December 15, 1788. This was an at-large election requiring a majority election. The 2nd trial was February 2, 1789 when three candidates were elected with a majority.
One of them, Benjamin West, declined to serve in Congress (he never took the oath of office). The governor apparently called the special election in late May.
How many Congress folks froze to death getting to Devil City (esp before railroads and from western States)
— for any early Mar 4 Congress meetings — causing more vacancies ???
Also — Electronic meetings for all legislative bodies — to deal with exec/judic machinations 24/7.
Typically, Congress did not meet on March 4. It was easier to travel in winter, when the mud roads were frozen, and you wouldn’t catch malaria or yellow fever before the swamp of Devil City had been drained.