Not to be a stickler about the law or anything, but IC 3-10-8-1(3) was brought to my attention as it applies to Rep. Souder’s vacating Indiana’s Third Congressional seat:
A special election shall be held. . . whenever a vacancy occurs in the office of United States Representative unless the vacancy occurs less than thirty (30) days before a general election.
Other than that language about the vacancy occurring less than 30 days before a general election, I don’t think there is an exception for those situations where the Governor believes selecting representation for a Congressional District would be a waste of money. The use of the word “shall” is generally understood to be mandatory. Where the legislature is leaving the matter up to the discretion of a public official, generally it uses the word “may.”
As I understand his proposition, Doug, he is not foregoing the mandatory special election; rather, he is proposing to schedule the special election on the same day as the general election in November. The shortcoming of the statute is not specifying the time frame within which the special election shall be called. I think it should be sooner rather than later, but I don’t think he runs afoul of the statute if he waits until November.
I take your point, but if the vote is at the general election, then it’s not a “special” election is it?
Doug, I was thnking the same thing. People keep talking about holding a special election at the same time as the general. Wouldn’t the special election be the general election?
I guess you could have a special election solely for the purpose of electing someone to serve during the lame duck session of Congress (day of election through Jan. 1). What a rotten job that would be.
I don’t know. There certainly are worse jobs than being Congressman, eveen a lame duck one. It would be the experience of a lifetime.
I’m not an expert on election law, but there may be a difference in how candidates are chosen (or ballot vacancies filled) for a special election v. a general election – which might amount to a political advantage for someone or other. I’m not saying that’s true, but it’s worth a look.
Doug, Take a look at 3-10-8-6: “if a special election is held at a time other than the time of a general election, the election shall be held in accordance with this title.” The statute contemplates that a special election can be held on the same day as a general election. The winner of the special election gets sworn in immediately to fill the remaining days of the term, unlike the general election winner, who must wait until January when the new Congress convenes. The special election winner gets a bit of a jump on seniority over the others elected in the general election.
Shall means shall, not may, eh.
Regardless of the number of days involved, all citizens need full representation on votes and hearings this fall before election day.