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View Diary: Daily Kos Elections Live Digest: 1/10 (305 comments)

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  •  Just took a spin through the law (4+ / 0-)

    closest thing I could find is this:

    (f) Upon failure to choose a senator in congress or upon a vacancy in that office, the governor shall make a temporary appointment to fill the vacancy; provided, however, that the person so appointed shall serve until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a) or (c).
    But that doesn't prohibit the appointee from running in the elections.

    Seems to be a common misconception.

    One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

    by AUBoy2007 on Thu Jan 10, 2013 at 03:42:09 PM PST

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    •  if so, awesome. (1+ / 0-)
      Recommended by:

      ...better the occasional faults of a government that lives in a spirit of charity, than the consistent omissions of a government frozen in the ice of its own indifference. -FDR, 1936

      by James Allen on Thu Jan 10, 2013 at 03:47:56 PM PST

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    •  That's unconstitional IF interpreted as... (1+ / 0-)
      Recommended by:
      James Allen

      ...prohibiting the "temporary appointment" from election and qualification.

      The language is ambiguous on that point.  It can be read as "meaning" the temporary appointee and the person elected are two different people.  But the passage only implies that, it doesn't say so explicitly.  So it can be interpreted as allowing the appointee to run.

      44, male, Indian-American, married and proud father of a girl and 2 boys, Democrat, VA-10

      by DCCyclone on Thu Jan 10, 2013 at 07:44:42 PM PST

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