The Washington Post has this story, featuring an Arizona law that says elected public officials are deemed to have resigned if “the person holding the office ceases to discharge the duties of office for the period of three consecutive months.” The writer of the article assumes this law could perhaps be used to force Congressmember Gabrielle Giffords from office in April 2011.
The Arizona law is in Title 38, “Public Officers and Employees”, and also says that elected officials are deemed to have resigned if they move out of their districts. The Arizona law, 38-291, clearly was meant by its authors to apply to Congress. However, it is likely that it is unconstitutional, as applied to members of Congress. In U.S. Term Limits v Thornton, the U.S. Supreme Court ruled that states cannot have laws on who can qualify to run for, or sit, in Congress. Last year’s decision by the New Jersey Supreme Court, holding that state laws on recall cannot apply to members of Congress, was influenced by the U.S. Term Limits decision.
[a] leave of absence and let some one else be an acting representative
[b] fight tooth and nail and ask to be able to vote from afar
[c] resign and run again in 2012 or 2014
The definitions section of Title 38 makes one suspect it was always meant to apply to the state-level offices. Unless the state of Arizona wants to automatically remove Congressmen who are convicted of felonies or not in Arizona for 3 straight months. (This is just before the section the Washington Post cites: “6. Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months”)
The context of 38-291/7 in 38-291 doesn’t suggest that it’s applicable to members of Congress.
38-101’s definition of office is “”Office”, “board” or “commission” means any office, board or commission of the state, or any political subdivision thereof, the salary or compensation of the incumbent or members of which is paid from a fund raised by taxation or by public revenue.”
Of the State seems to mean “Of Arizona”, and that would also suggest it would apply to an Arizona State Rep who spends months in a row gambling in Las Vegas or who gets sent to prison, instead of applying to a member of COngress.
38-291/5 specifically refers to Congress.
How many unhealthy Congress folks vote from their beds ???
See the late Senator Byrd trying to show up and vote.
Candidate/incumbent rank order lists = NO moronic special elections for legislators.
Are the MORONS in the gerrymander Congress now totally brain dead about 7 Dec 1941 and even an always possible nuke attack on D.C. ???