(URGENT) Foley CAN Be Removed From The Ballot!

PoliPundit ^ | 9/30/2006

[Uncledave]

(URGENT) Foley CAN Be Removed From The Ballot

The question is what is next for Florida’s 16th Congressional District. Fortunately, there is much detail spelled out in Florida law, so Republicans are in a better position in Florida compared to Texas.

The first question is who goes on the ballot and who picks that person. Here is the Statute:

In the event that death, resignation, withdrawal, removal, or any other cause or event should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the Department of State shall notify the chair of the appropriate state, district, or county political party executive committee of such party; and, within 5 days, the chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy. The name of any person so designated shall be submitted to the Department of State within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee’s name will appear on the ballot. Any ballots cast for the former party nominee will be counted for the person designated by the political party to replace the former party nominee. If there is no opposition to the party nominee, the person designated by the political party to replace the former party nominee will be elected to office at the general election. For purposes of this paragraph, the term “district political party executive committee” means the members of the state executive committee of a political party from those counties comprising the area involving a district office.

So, the local Republican Party Officials pick who will be running for office. The bad news is that Foley’s name stays on the ballot.

As a Party we have l;earned some things from the Delay fiasco in Texas. Because of the problems with a write in candidate campaign, Governor Perry called a special election to coincide with the General Election. Governor Bush can do the same thing:

(2), a special election or special primary election shall be held in the following cases:

(4) If a vacancy occurs in the office of member from Florida of the House of Representatives of Congress.

Here are the mechanics of calling that “special primary election:”

(3) Whenever there is a vacancy for which a special election is required pursuant to s. 100.101, the Governor, after consultation with the Secretary of State, shall fix the dates of a special primary election and a special election. Nominees of political parties other than minor political parties shall be chosen under the primary laws of this state in the special primary election to become candidates in the special election. Prior to setting the special election dates, the Governor shall consider any upcoming elections in the jurisdiction where the special election will be held. The dates fixed by the Governor shall be specific days certain and shall not be established by the happening of a condition or stated in the alternative.

URGENT: The Republican Party can fix this mess and get Foley off the ballot. Governor Bush can call for a “special primary election” no later than October 24, 2006. That should then allow for the removal of Foleys name!!! Foley stays on the ballot because he was on the prior primary certification. This District needs a special primary called by Governor Bush. Please help get the word out.

[Uncledave]

Any attorneys here with experience in this area?

[umgud]

Use New Jersey as a precident.

[Dick Bachert]

Any kin to the famous motivational speaker, MATT Foley?

If so, he MAY be joining Matt in his "...VAN DOWN BY THE RIVER."

[clearlight]

"Use New Jersey as a precident."

Exactly. The NJ Democrats switched Torricelli off the ballot, even though by NJ law, it was illegal to do so.
If FL law allows for Foley's removal, so much the better.

[longtermmemmory]

I wonder what the comments in the statute say and if these contemplate PRINTED ballots.

Thus, since the reprinting cost is zero due to e-ballots can this make this portion of the statute moot.

[mrsmith]

You end up with two elections: one to replace Foley for the rest of this term, one to elect the new Representative for the next term (with Foley still on the ballot).
That's just logic, I'm no lawyer.

The special election could be held BEFORE the general.
That would give a new incumbent and possibly a lawyer could find a reason to force his name on the ballot.
I'm about sick of these picky election laws, well-intentioned though they may be.

[NYIslander]

"Use New Jersey as a precident."

You can't. Elections are purely a state matter, with each state having their own individual and odd statutes. The corruption of one state doesn't set precedent for others.

[rfp1234]

Can't the new candidate run as an independent? THat may be simpler IF the new candidate is well-known (does Rush live in that area? Or maybe Jack Nicklaus? Wishful thinking, I know :-) )

[longtermmemmory]

I would zero in on "ballots shall not be changed"

Are there ballots? Are the e machines programed?

This contemplates a printed ballot thus this would not apply since the machines are not yet programed with the ballots.

The guide is to look to the final paragraph which provides for the state supervisor of elections to do all in their power to ensure orderly elections. The statutes do not envision electronic voting machines which can be redone with a switch.

of course this is the argument.

[JulieRNR21]

Comment after the Polipundit article:

Read John Gizzi at Human Events. Mark Foley’s name can be removed and replaced thanks to a Democrat lawsuit in 2004. Clay Shaw’a opponent bowed out and was replaced. Democrats sued and won the right to change the ballot despite the law.

Comment by Robbie | Email | 9/30/2006 - 10:04 am

[Matchett-PI]

bttt

[lowbridge]

Use New Jersey as a precident.

Who is New Jersey and why do you want her to be President?

;-)

[GOP_Proud]

And what did Tennesee?

[streetpreacher]

If it's in Jeb Bush's hands, then forget about it. He has a severe spinal injury.

[streetpreacher]

Rush would be seriously demoted if he gave up his day job to be a member of Congress.

[Defiant]

I would have to read this decision to see what it says. The statutes you cite above, however, mean that Foley's name stays on the ballot. You can't run a special election on the same day as a general election. The special election is called to get a replacement for someone whose death, resignation, etc. leave a vacancy. If someone is elected on the day of the general election, there is no vacancy. Your strategy would only work if you could get a primary held before the general election, but it is too late for that.

Thus, Foley's name stays on the ballot, and if he wins, the GOP's pick gets the seat.

However, the Clay Shaw situation may change things, at least if the rule of law is followed. The Fla. Supreme Court is a very partisan body. If they found for Clay Shaw's opponent in a prior case, they might still find against the GOP in this case, even if the facts are the same. They will make up an excuse why the cases are distinguishable.

[dogbyte12]

Voters would still have to click on Foley's name, and the designee would get his votes. I really think that it isn't going to help. Even if intellectually, you know that you aren't really voting for Foley, there is the ick factor.

[Political Junkie Too]

Mrs. Sippi.

-PJ

[festus]

Lets move Katherine Harris over to Foley's district and put someone on the Senate ticket that has a snowballs chance of winning the general election.

Realize we can't do that but one can dream........

[PDR]

Calling Alan Keyes!!! Calling Alan Keyes!!!!