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If Mass. allows an interim senator, that person can't run in the special election, right?

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LLStarks Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 06:44 AM
Original message
If Mass. allows an interim senator, that person can't run in the special election, right?
Just wondering.
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MannyGoldstein Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 06:47 AM
Response to Original message
1. My Understanding Is They Could, But...
the idea is to appoint somebody who won't.
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Tesha Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 08:08 AM
Response to Reply #1
7. Precisely.
It would be blatantly unconstitutional to tell them "that can't run", but
it's perfectly legal to only be willing to appoint someone who states
that "they won't run". The statement is unenforceable, but most likely
appointees could be expected to abide by their word.

Tesha

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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 06:55 AM
Response to Original message
2. I believe Ted Kennedy expressed his wish that that should be the case
Presumably to offset the appearance of an opportunistic power-grab.
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 07:22 AM
Response to Original message
3. That's the plan-- whoever would be appointed would be...
named AFTER the filings for the special were closed, so he or she couldn't run.

If everything works out, this could happen by next month.

(I heard rumblings about Dukakis possibly filling in as interim Senator-- wouldn't that be a kick in some Republican teeth...)

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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 07:53 AM
Response to Original message
4. How would you enforce it?
A person has a Constitutional right to run for office, don't they? I'm hazy on the Supreme Court rulings on the subject of term limits for Federal officeholders, although states can impose them for local offices.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 08:05 AM
Response to Reply #4
6. It would look very bad for someone to publicly give their word and than break it
Voters may decide to hold that against them.
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 07:10 PM
Response to Reply #6
10. So, the enforcement mechanism is "it looks bad"
Well, that should deter any politician!

Let's face it, this law was put in place to deal with Mittens appointing a Repuke should Kerry have won. It's clearly a case of something coming back to bite you in the ass.

Throw a bone or two to the Rethuglican women Senators from Maine, you won't need a second Massachusetts Senator to pass healthcare legislation. And if you do, then it was too damned close this time around.
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 10:15 AM
Response to Reply #4
9. You would enforce it the way I said in the post just above yours...
1) All filings for the special election are in and the ballots start to be printed

2) THEN, an interim Senator is appointed with no way to get on the ballot. Said interim Senator could possibly try for a writein campaign, or sue to get on the ballot and get them all reprinted, but chances of success are slim to nonexistent. And, an interim Senator who tried such a trick would be hated forever.

Someone like Dukakis, who apparently has little ambition to stay in politics but might be convinced to serve, would be ideal for the job.

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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 07:14 PM
Response to Reply #9
11. Dukakis would be ideal for the job
but would he want to be the political equivalent of an "Oscar night seat filler" for a couple of months? It's either an insult to someone who has served a decent political career, or a steppingstone to higher office.

I have the feeling that in the latter case, we'd see a situation where the temptation to run anyway would be overwhelming. And that person might well start a court challenge of their right to run for that seat. It would be the Governor who made the promise, not the seat filler.
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1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 07:57 AM
Response to Original message
5. why not? current law does not even allow for an interim representative. fuck current law!
let's just appoint a kennedy to the post now!



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TheCowsCameHome Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-02-09 08:12 AM
Response to Original message
8. I have mixed feelings about that idea.
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