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BumRushDaShow

(169,748 posts)
36. Since he formally resigned, that created a vacancy requiring a Special Election *See latest edit
Fri Nov 22, 2024, 01:12 PM
Nov 2024

Article I, Sect. 2 indicates "Writs of Election" (special election) -

Article I

(snip)

Section 2.

The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

(snip)

https://www.law.cornell.edu/constitution/articlei


The 17th Amendment introduced the Senate temp appointment (I know back in the day, Senators were not elected but appointed but that obviously changed).

It's possible that if they try to re-seat him after having resigned without first holding a Special Election, then that might get into the courts (whether from (D) potential candidates or any brave (R) candidates who would finally want to challenge him).

*EDIT - apparently he doesn't plan to return to Congress - https://www.democraticunderground.com/10143344936

(if he did, that report would be a subject of all kinds of noise )

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Another Trump crony sakabatou Nov 2024 #1
And Lara BumRushDaShow Nov 2024 #2
She's angling for leftieNanner Nov 2024 #4
That's right although I was reading that Gaetz might be wanting that BumRushDaShow Nov 2024 #9
Interesting issue. He resigned from his seat in the 118th Congress. He also was elected to the 119th and will be 24601 Nov 2024 #27
There has been some debate about that though BumRushDaShow Nov 2024 #30
Only the Senate may have an appointee. Other than choosing a Speaker who does not have to be a Member, Election is the 24601 Nov 2024 #35
Since he formally resigned, that created a vacancy requiring a Special Election *See latest edit BumRushDaShow Nov 2024 #36
I thought that was going to Matt Gaetz COL Mustard Nov 2024 #14
Man, the GQP/MAGA is just loaded with talent. sinkingfeeling Nov 2024 #3
Let's face it CanonRay Nov 2024 #5
Another crook and fraudster 🙄. n/t iluvtennis Nov 2024 #6
Well, we knew he'd pick someone awful as a replacement, Ocelot II Nov 2024 #7
Convinced they were trolling with the Gaetz pick madville Nov 2024 #8
I just watched "entertainment news" dropping the bomb BigmanPigman Nov 2024 #10
"First Lady Elon Musk" Ray Bruns Nov 2024 #28
He'll keep nominating corrupt attorneys pfitz59 Nov 2024 #11
She has been working to remove the ACA for years. For those jackasses who voted for the sociopath and depend on the ACA JohnSJ Nov 2024 #12
"Disgusting" Bondi on Trump L. Coyote Nov 2024 #13
She believes in forgiveness... Justice matters. Nov 2024 #15
Shallow Hal, move over! C0RI0LANUS Nov 2024 #16
Tulsi, what's with the glam photo? Boomerproud Nov 2024 #31
Another cockroach rises! travelingthrulife Nov 2024 #17
Worse then Gaetz HereForTheParty Nov 2024 #18
I'm surprised he didn't pick his former AG (the alpha men's toilet guy) again. Marcuse Nov 2024 #19
He'll be the ambassador to NATO. I'm not kidding. Ocelot II Nov 2024 #22
She'll get confirmed too Polybius Nov 2024 #20
She's filled with scandals ... aggiesal Nov 2024 #23
I still think she may sail through Polybius Nov 2024 #24
Trump is insane. Demented. Mentally ill. CaptainTruth Nov 2024 #21
Under the new Supine Court Old Crank Nov 2024 #25
Thanks for the reminder on Trump bribing her to drop the Trump University investigation muriel_volestrangler Nov 2024 #26
So how many Scaramucci's was that? Ray Bruns Nov 2024 #29
Wasn't she the Florida AG during Bush V Gore? Boomerproud Nov 2024 #32
Florida AG during Bush v Gore - Robert A. Butterworth 1987 - 2002 ... aggiesal Nov 2024 #33
That's right. Thanks. Boomerproud Nov 2024 #34
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