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Thread: Why do governors get to pick when a senator or house member dies?

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    Default Why do governors get to pick when a senator or house member dies?

    This has always puzzled me.

    Seems to me when one is elected to an office, one ought to designate someone to stand in for him if he is unable to, be it temporary illness, death, or maybe being held hostage somewhere.

    It makes no sense to me that the governor gets to choose.
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?


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    Default Re: Why do governors get to pick when a senator or house member dies?

    Thanks. I understand this is how it's done. I just don't understand the logic.

    Seems to me that if you are an elected person, YOU should name someone who fills in for you in case of illness, or in case of death, until the next election.

    It makes no sense to me that a seat is vacant until an election, or that someone other than the deceased gets to choose who sits there until the next election.

    And it's not always a death thing. One could be in a serious car accident and unable to get to the senate for for a few weeks, maybe more.

    Byrd was transported by ambulance, as I recall, to vote for the ACA. Doesn't that seem silly?
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Takes me back to my sentence diagramming days.

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    Default Why do governors get to pick when a senator or house member dies?

    For the Senate, the 17th amendment is the controlling law:

    "When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

    So the state legislatures may (but are not required to) empower the governor to make a temporary appointment. If the legislature has not done so, the Senate seat stands vacant until the special election is held.

    For the House of Representatives, Art. I, section 2 holds:

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

    The governor does not get to appoint replacement Representatives - the seat is vacant until the special election is held.
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    Default Re: Why do governors get to pick when a senator or house member dies?

    It's to keep the system from self-destructing; Governors are designed to limit revolutions...
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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Jim Mahan View Post
    Governors don't get to pick when senators or congressman die. It just happens, like the same for the rest of us. It only seems like they never die.
    Remember the Illinois governor who decided he's sell the seat left by Obama?

    These seats do become vacant between elections. It happens. My thought is fairly, I thought, simple. The person who got to fill Obama's seat until an election should have been picked by Obama.

    I seem to recall a vacancy is Massachusetts, filled by the governor until an election.

    I thought the idea of the elected senator getting to designate someone to stand in his place in the event of his death, or an illness, etc.

    That's just seems simple. The governor is not required to pick someone of the same party. Imagine is someone in the senate dies, and the governor is of the opposite party. That could give the dems a bigger majority, or it could flip the majority the the repubs.
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Nicholas Carey View Post
    For the Senate, the 17th amendment is the controlling law:

    "When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

    So the state legislatures may (but are not required to) empower the governor to make a temporary appointment. If the legislature has not done so, the Senate seat stands vacant until the special election is held.

    For the House of Representatives, Art. I, section 2 holds:

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

    The governor does not get to appoint replacement Representatives - the seat is vacant until the special election is held.
    I realize that. I just think it's a bit crazy.
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Bob (oh, THAT Bob) View Post
    It's to keep the system from self-destructing; Governors are designed to limit revolutions...
    But it may be destructive. Would it not make sense if you got elected, that YOU name your stand in should you be unable to finish your term, or are unable to do your job due to an accident, or whatever?

    That way the seat is never vacant, and, your replacement in the senate is not picked by the governor, who could change the senate majority.
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Jim Mahan View Post
    Governors don't get to pick when senators or congressman die. It just happens, like the same for the rest of us. It only seems like they never die.
    Thank you.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by John Smith View Post
    This has always puzzled me.

    Seems to me when one is elected to an office, one ought to designate someone to stand in for him if he is unable to, be it temporary illness, death, or maybe being held hostage somewhere.

    It makes no sense to me that the governor gets to choose.
    Letting the governor choose essentially puts the office up for sale. But so does letting the office holder choose. Why not an election?

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    Quote Originally Posted by John Smith View Post
    But it may be destructive. Would it not make sense if you got elected, that YOU name your stand in should you be unable to finish your term, or are unable to do your job due to an accident, or whatever?

    That way the seat is never vacant, and, your replacement in the senate is not picked by the governor, who could change the senate majority.

    If I can name my stand in, we can game the system.

    Say the electorate is very one party. We run me under that flag. I get in, and then, " get sick," or need to have, " family time."

    You, my named designee, takes over.

    And, the process has been subverted.


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    Default Re: Why do governors get to pick when a senator or house member dies?

    Nobody gets to pick when one dies.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by John Smith View Post
    But it may be destructive. Would it not make sense if you got elected, that YOU name your stand in should you be unable to finish your term, or are unable to do your job due to an accident, or whatever?

    That way the seat is never vacant, and, your replacement in the senate is not picked by the governor, who could change the senate majority.
    You missed my engine joke.
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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Osborne Russell View Post
    Letting the governor choose essentially puts the office up for sale. But so does letting the office holder choose. Why not an election?
    It takes time to hold an election, which would elect a new senator. Between the death and the swearing in of a newly elected person, it seems to me the position should be filled by someone the elected senator chose.

    And it may not always be death. It could be incapacitation for a period.

    When you win an election for office, YOU designate someone to do your job if you are unable to until someone else is elected.

    What would be wrong with that?
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Breakaway View Post
    If I can name my stand in, we can game the system.

    Say the electorate is very one party. We run me under that flag. I get in, and then, " get sick," or need to have, " family time."

    You, my named designee, takes over.

    And, the process has been subverted.


    Kevin


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    I don't see much opportunity for gaming the system. It's certainly better, no, than the governor of the other party choosing? Would you not name someone who aligns very closely with your policy views? Governor could appoint someone with totally different views than what the voters elected.
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Breakaway View Post
    If I can name my stand in, we can game the system.

    Say the electorate is very one party. We run me under that flag. I get in, and then, " get sick," or need to have, " family time."

    You, my named designee, takes over.

    And, the process has been subverted.


    Kevin


    Sent from my iPhone using Tapatalk Pro
    Yes, someone could buy you out of office.

    Not too different from current corruption, but is a step further.
    When you can take the pebble from my hand, it will be time for you to leave.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Bob (oh, THAT Bob) View Post
    Yes, someone could buy you out of office.

    Not too different from current corruption, but is a step further.
    Someone could 'buy' the seat from the governor. Done behind doors who would know?

    I don't know how to make anything corruption free. I'm just thinking that people elected to office do sometimes die, and are sometimes incapacitated, and there seat either remains vacant until an election, which would consume months, or someone fills it until that election.

    Why would anyone, other than the person who was elected, picking that person to fill the gap be better than the person who was elected in the first place?

    I see that is simple, instant, and the seat is not empty for a number of months.

    We have a 50/50 senate. One senator would make a difference. If a senator of either party has a heart attack, which may kill him, or it may incapacitate him for a while, it would be a HUGE deal in our present senate.

    Would it not make the most sense if that senator had designated someone to fill in for him until he's healthy again or there is an election?

    Maybe in the case of his resignation sans illness or death, someone from his party, at least, choose a person to do the job until an election is held.

    I'm a bit surprised that this has been so controversial
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by John Smith View Post
    Someone could 'buy' the seat from the governor. Done behind doors who would know?

    I don't know how to make anything corruption free. I'm just thinking that people elected to office do sometimes die, and are sometimes incapacitated, and there seat either remains vacant until an election, which would consume months, or someone fills it until that election.

    Why would anyone, other than the person who was elected, picking that person to fill the gap be better than the person who was elected in the first place?

    I see that is simple, instant, and the seat is not empty for a number of months.

    We have a 50/50 senate. One senator would make a difference. If a senator of either party has a heart attack, which may kill him, or it may incapacitate him for a while, it would be a HUGE deal in our present senate.

    Would it not make the most sense if that senator had designated someone to fill in for him until he's healthy again or there is an election?

    Maybe in the case of his resignation sans illness or death, someone from his party, at least, choose a person to do the job until an election is held.

    I'm a bit surprised that this has been so controversial
    (bold) An article about that in the news today, based on statistics of past deaths in office.

    Some states require replacements to be of the same party. Some states do not.
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    Default Re: Why do governors get to pick when a senator or house member dies?

    Quote Originally Posted by Bob (oh, THAT Bob) View Post
    (bold) An article about that in the news today, based on statistics of past deaths in office.

    Some states require replacements to be of the same party. Some states do not.
    Wouldn't it be simpler, quicker, less expensive if the one who was elected to the office chose someone to fill in should he be unable to serve, be it for a short period of time, or by death?

    Kind of like a power of attorney. We could render it moot in case of resignation, so one could not run for election, win, assign the power of replacement, and resign to give the office to that designee. That would prevent selling his services by running, then resigning.
    "alternative facts (lies)" are a cancer eating through a democracy, and will kill it. 1st amendment is not absolute.

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