The following is a guest post by Renick Taylor:
Trent Lott will serve less than 12 months into his current term. Lott had been making noise about not running in 06 and retiring. Then something changed his mind and he ran again sailing to victory.
Meanwhile, Chip Pickering MS Third District Congressman, decides not to seek reelection citing “future opportunities”. Pickering has long been considered as a replacement for either Cochran or Lott. Pickering’s retirement was shocking news at the time but it makes more sense after the Lott retirement announcement.
Lott’s retirement also sheds light on why so much out of state money flowed into the Barbour campaign for Governor, Barbour had to be reelected to be there to appoint a Republican (Pickering?) to Lott’s Senate seat. The new Republican Senator (Pickering?) can run his first election as an incumbent.
Why not just have a fair election over Lott’s senate seat? The people of Mississippi were not allowed to vote for a new Senator. Instead of voting we have shady backroom appointments.
Shame on Senator Lott for going along with this ploy. All Mississippians were tricked by him into thinking he would serve out his term or at least serve until a successor is chosen. Lott should have retired properly and let a fair election take place.
I’m very disappointed that this kind of election subversion can occur in Mississippi. Cochran was making noise about retirement before his next election as well. Perhaps after Mississippi reelects Thad Cochran in 08 he can suddenly retire and Barbour can appoint himself as Senator, another fair election could be averted by the Republicans.
MS Republicans don't fight fair, never have. I agree with your post, except I doubt Pickering will be the chosen one. He would look like one heck of a liar after retiring to spend more time w/ his family. It was a ludicrous explanation, but he did say it and his retirement was so unexpected, it was in the news for days. I bet its Roger Wicker or perhaps Amy Tuck.
ReplyDeleteA democrat wouldnt do the same? PLEASE!!
ReplyDeleteI suspect we'll see more of this from both parties now that they've seen its an option. It's unfortunate.
ReplyDeleteRepublicans though continue to lead the way in decieving the public.
Governor Barbour is trying to gloss over the election law here. Trent wants to resign before year end—its worth millions to him in lobbyist fees not to have to sit on the sideline for another two years. But the date of resignation is problematic for the Governor. See the brief below. The law says that if Lott resigns in 2007, we don’t wait for the 2008 general elections.
ReplyDeleteBarbour doesn’t want a special election in the spring. He wants the GOP candidate to have the benefit of running when either Hillary or Obama is likely to be on the ticket.
Question
1. Whether Mississippi Election Code§ 23-15-855 (hereinafter "Senate Vacancy Statute") directs that a special election to fill the unexpired term of U.S. Senator must be held within ninety (90) days where a vacancy occurs in a year in which a gubernatorial election has been previous to the announcement of the vacancy.
Answer
1. Yes. A plain meaning interpretation of the Senate Vacancy Statute directs that a special election must be held "within ninety days of from the time the proclamation is issued…unless the vacancy shall occur in a year that there shall be a general state or congressional election…, in which event the [Governor] shall designate the general election day as the time for electing a Senator…". Miss. Code Ann. §23-15-855(1) (1972) (emphasis added).
Thus, an ordinary interpretation of the statute suggests that unless a general state or congressional election is to occur after the vacancy (the future tense is implied with the term shall be) then a special election must occur within ninety days. Any argument that the Governor may designate the general election day as the time for electing a Senator in the above instance ignores the meaning of the term "shall be" which is defined as "to happen or occur". Webster's New World Dictionary (2nd College ed. 1970).
Put simply, the vacancy must occur before the general state or congressional election in order for the governor to set the general election day as the time for electing a Senator. The logic and legislative intent behind such a rule is clear: should a vacancy occur before the time for general election, then the statute would allow the Governor to hold the election in-line with the regular election schedule – thereby preventing the state from the burden, cost, and expense of holding a special election ninety days from the announcement and a general election.