One of the arguments against Sherrod Brown of Elizabeth Warren for VP is that both Ohio and Massachusetts have Republican governors who would get to appoint a temporary replacement.
However, I was checking out the special election law in Ohio and Massachusetts and discovered that if Brown resigns May 11th or if Warren just gives notice June 7th a special election would occur 11/8. That means if Democrats won in November a new Democratic Senator could be sworn in by January.
I’m not an election lawyer, but I hope Democrats are looking into this if they plan on either VP pick.
Ohio Revised Code Title [35] XXXV ELECTIONS Chapter 3521: CONGRESSIONAL DISTRICTS
3521.02 Filling vacancy in United States Senate.
When a vacancy occurs in the representation of this state in the senate of the United States by death, resignation, or otherwise, the vacancy shall be filled forthwith by appointment by the governor who may appoint some suitable person having the necessary qualifications for senator. The appointee shall hold office until the fifteenth day of December succeeding the next regular state election that occurs more than one hundred eighty days after the vacancy happens. At that next regular state election, a special election to fill the vacancy shall be held, provided, that when the unexpired term ends within one year immediately following the date of such regular state election, an election to fill the unexpired term shall not be held, and the appointment shall be for the unexpired term. The special election shall be governed in all respects by the laws controlling regular state elections for such office. Candidates to be voted for at the special election shall be nominated in the same manner as is provided for the nomination of candidates at regular state elections.
At least one hundred eighty days prior to the date of such regular state election, the governor shall issue a writ directing that a special election be held to fill such vacancy as provided in this section. The writ shall be directed to the secretary of state and a copy of the writ sent by mail to the board of elections of each county in the state which shall give notice of the time and place of holding such special election in the same manner and at the same time provided in section 3501.03 of the Revised Code for giving similar notice for regular elections.
May 11, 2016 is 181 days from election day, so this could work. Kasich’s appointee would only serve until December 15th, assuming this holds up to any legal challenges which might be expected from the Ohio Republicans. Bernie and Hillary would have to agree on this or it would seem like an insult.
Massachusetts has a similar law, but it is even more beneficial for Warren’s potential VP prospects:
Massachusetts Bills & Laws General Laws PART I TITLE VIII CHAPTER 54 Section 140
Senators and representatives in congress; vacancies
Section 140. (a) Upon failure to choose a senator or representative in congress or upon creation of a vacancy in that office, the governor shall immediately cause precepts to be issued to the aldermen in every city and the selectmen in every town in the district, directing them to call an election on the day appointed in the precepts for the election of such senator or representative. The day so appointed shall not be more than 160 nor less than 145 days after the date that a vacancy is created or a failure to choose occurs. Filing a letter of resignation creates a vacancy under this section, even if the resignation is not effective until some later time, but the date of the election to fill a vacancy under this section shall be after the resignation is effective.
(b) If a vacancy under this section is created after February 1 of an even-numbered year, the governor shall not issue the precepts required by subsection (a), except as subsection (c) provides for a vacancy for senator.
(c) If a vacancy is created for senator in congress after April 10 of an even-numbered year, the governor shall issue precepts under this section, unless section 152 requires that office to appear on the biennial state election ballot in that year. If this section prevents issuance of precepts for senator, the office shall appear on the biennial state election ballot in that year. If a vacancy for senator is created after April 10 of an even-numbered year, but on or before the seventieth day preceding the regular state primary, the precepts shall appoint the day of the regular state primary and the biennial state election for holding the special primary and special election required by this section.
(d) If at the time a senator or representative in congress is elected at the biennial state election, there exists a vacancy in that office, the senator or representative shall also be deemed to have been elected to serve out that vacancy.
(e) A senator elected to fill a vacancy under this section shall serve for the remainder of the unexpired term.
(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).
June 7th is 160 days from November 14th, so there would be a lot of pressure for an election 11/8. Furthermore if I’m reading this right, Warren could make her resignation effective on November 7th, and would just need to file it on June 7th, the night of the California primary. Am I missing anything?