Sunday, January 25, 2009

NEW YORK STATE SHOULD REQUIRE SPECIAL ELECTIONS TO FILL VACANCIES.

I used to live in a representative democracy. For years, I voted in an election and someone picked by the voters then represented me. Today, three fifths of the stateside officials governing New York were not elected to the offices they hold. Our Governor, our State Comptroller and, now, our junior Senator were all put in office by accident or by other politicians. It doesn’t have to be this way. Nothing prevents state law from calling for special elections so that the voters can choose their leaders. The usual excuse offered by the politicians, the expense of a special election, doesn’t hold water. Tw o regularly scheduled elections will have come and gone before we get to vote for Governor. There is no reason Governor Patterson could not have been forced to stand for election this past November or this coming November. There is no reason that newly hand picked Senator Kirsten Gilibrand should not have to stand for election this November rather than November 2010. For example, in the event of a Senate vacancy require either a special election or a vote at the next regular election.:
California -- "An election to fill a vacancy in the term of a United States Senator shall be held at the general election next succeeding the occurrence of the vacancy or at any special election. This gives the governor the option of calling for a special election.
New Jersey -- "
If a vacancy shall happen in the representation of this state in the United States senate, it shall be filled at the general election next succeeding the happening thereof... unless the governor of this state shall deem it advisable to call a special election therefore, which he is authorized hereby to do.


Hawaii -- The law directs that "the governor shall make a temporary appointment to fill [a U.S. Senate] vacancy by selecting a person from a list of three prospective appointees submitted by the same political party as the prior incumbent."
Utah -- "The governor shall appoint a person to serve as U.S. senator until the vacancy is filled by election from one of three persons nominated by the state central committee of the same political party as the prior officeholder."
Wyoming -- This extremely detailed law says "if a vacancy occurs in the office of United States senator ...the governor shall immediately notify in writing the chairman of the state central committee of the political party which the last incumbent represented at the time of his election ..... The chairman shall call a meeting of the state central committee to be held not later than 15 days after he receives notice of the vacancy. At the meeting the state central committee shall select and transmit to the governor the names of three persons qualified to fill the vacancy. Within five days after receiving these three names, the governor shall fill the vacancy by temporary appointment of one of the three to hold the office."
Eight states call for a special election to be held to fill the vacancy. Here, omitting some of the fine-point calendar details, are those laws:
Alabama -- "Whenever a vacancy occurs in the office of senator of and from the State of Alabama in the Senate of the United States more than four months before a general election, the Governor of Alabama shall forthwith order an election to be held ...to elect a senator of and from the State of Alabama to the United States Senate for the unexpired term."
Alaska -- "When a vacancy occurs in the office of United States senator, the governor may, at least five days after the date of the vacancy but within 30 days after the date of the vacancy, appoint a qualified individual to fill the vacancy temporarily until the results of the special election called to fill the vacancy are certified.....The governor shall, by proclamation, call a special election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs."
Massachusetts --"The governor shall immediately ... call an election ... not more than 160 nor less than 145 days after the date that a vacancy is created.... If a vacancy is created for senator in congress after April 10 of an even-numbered year, the (vote shall take place at) the biennial state election ballot in that year.
Oklahoma - "Whenever a vacancy shall occur in the office of a member of the United States Senate or United States House of Representatives from Oklahoma, such vacancy shall be filled at a Special Election to be called by the Governor within 30 days after such vacancy occurs."
Oregon -- "If a vacancy in election or office of Representative in Congress or United States Senator occurs before the 61st day before the general election, the Governor shall call a special election to fill that vacancy. "
Vermont -- "If a vacancy occurs in the office of United States senator or United States representative, the governor shall call a special election to fill the vacancy. ...The special election shall be held not more than three months from the date the vacancy occurs, except that if the vacancy occurs within six months of a general election, the special election may be held the same day as the general election.

Washington -- "Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy. ...Within 10 days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the special vacancy election not less than 90 days after the issuance of the writ, fixing a date for the primary for nominating major political party candidates for the special vacancy election not less than 30 days before the day fixed for holding the special vacancy election."
Wisconsin -- "A vacancy in the office of U.S. senator or representative in congress occurring prior to the 2nd Tuesday in May in the year of the general election shall be filled at a special primary and election. A vacancy in that office occurring between the 2nd Tuesday in May and the 2nd Tuesday in July in the year of the general election shall be filled at the September primary and general election."
New Yorkers deserve no less than the same right to choose their own leaders and the legislature should address this issue immediately