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.

On September 17, a federal lawsuit was filed in the Northern District of Mississippi, charging that the extreme variation in U.S. House districts around the nation violates the 14th Amendment. Some U.S. House seats have almost twice as many inhabitants as certain other U.S. House seats. The case is Clemons v U.S. Department of Commerce, 3:09-cv-104.

One reason there is so much variation in U.S. House district population is because districts must be wholly within a single state. A possible solution for more equal districts would be to increase the number of U.S. House seats. The lawsuit alleges that the Constitution requires some solution, and suggests this one. Here is the 12-page complaint. It was filed in Mississippi because Mississippi districts tend to be more populous than the districts of most states. Thanks to Michael Warnken for the link to the complaint. The case was assigned by Judge W. Allen Pepper, a Clinton appointee.

On September 11, the California legislature sent SB 34 to Governor Arnold Schwarzenegger. He has until October 12 to sign or veto it. It makes it illegal for initiative circulators to be paid on a per-signature basis. The Governor vetoed an identical bill last year.

Normally California Governors must sign or veto bills within 12 days. But Governors have more time for bills sent in the period when the legislature adjourns, such as this bill.