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2016 Postmortem
In reply to the discussion: I adore Barney Frank... [View all]allrevvedup
(408 posts)95. Okay thanks. Here's what I googled up as current Mass election law:
The key section is 140 (f), at the end, which I've bolded:
General Laws, PART I, TITLE VIII, CHAPTER 54, Section 140: Senators and representatives in congress; vacancies
Section 140. (a) Upon failure to choose a senator or representative in congress or upon creation of a vacancy in that office, the governor shall immediately cause precepts to be issued to the aldermen in every city and the selectmen in every town in the district, directing them to call an election on the day appointed in the precepts for the election of such senator or representative. The day so appointed shall not be more than 160 nor less than 145 days after the date that a vacancy is created or a failure to choose occurs. Filing a letter of resignation creates a vacancy under this section, even if the resignation is not effective until some later time, but the date of the election to fill a vacancy under this section shall be after the resignation is effective.
(b) If a vacancy under this section is created after February 1 of an even-numbered year, the governor shall not issue the precepts required by subsection (a), except as subsection (c) provides for a vacancy for senator.
(c) If a vacancy is created for senator in congress after April 10 of an even-numbered year, the governor shall issue precepts under this section, unless section 152 requires that office to appear on the biennial state election ballot in that year. If this section prevents issuance of precepts for senator, the office shall appear on the biennial state election ballot in that year. If a vacancy for senator is created after April 10 of an even-numbered year, but on or before the seventieth day preceding the regular state primary, the precepts shall appoint the day of the regular state primary and the biennial state election for holding the special primary and special election required by this section.
(d) If at the time a senator or representative in congress is elected at the biennial state election, there exists a vacancy in that office, the senator or representative shall also be deemed to have been elected to serve out that vacancy.
(e) A senator elected to fill a vacancy under this section shall serve for the remainder of the unexpired term.
(f) Upon failure to choose a senator in congress or upon a vacancy in that office, the governor shall make a temporary appointment to fill the vacancy; provided, however, that the person so appointed shall serve until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a) or (c).
link: http://www.malegislature.gov/laws/generallaws/parti/titleviii/chapter54/section140
Section 140. (a) Upon failure to choose a senator or representative in congress or upon creation of a vacancy in that office, the governor shall immediately cause precepts to be issued to the aldermen in every city and the selectmen in every town in the district, directing them to call an election on the day appointed in the precepts for the election of such senator or representative. The day so appointed shall not be more than 160 nor less than 145 days after the date that a vacancy is created or a failure to choose occurs. Filing a letter of resignation creates a vacancy under this section, even if the resignation is not effective until some later time, but the date of the election to fill a vacancy under this section shall be after the resignation is effective.
(b) If a vacancy under this section is created after February 1 of an even-numbered year, the governor shall not issue the precepts required by subsection (a), except as subsection (c) provides for a vacancy for senator.
(c) If a vacancy is created for senator in congress after April 10 of an even-numbered year, the governor shall issue precepts under this section, unless section 152 requires that office to appear on the biennial state election ballot in that year. If this section prevents issuance of precepts for senator, the office shall appear on the biennial state election ballot in that year. If a vacancy for senator is created after April 10 of an even-numbered year, but on or before the seventieth day preceding the regular state primary, the precepts shall appoint the day of the regular state primary and the biennial state election for holding the special primary and special election required by this section.
(d) If at the time a senator or representative in congress is elected at the biennial state election, there exists a vacancy in that office, the senator or representative shall also be deemed to have been elected to serve out that vacancy.
(e) A senator elected to fill a vacancy under this section shall serve for the remainder of the unexpired term.
(f) Upon failure to choose a senator in congress or upon a vacancy in that office, the governor shall make a temporary appointment to fill the vacancy; provided, however, that the person so appointed shall serve until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a) or (c).
link: http://www.malegislature.gov/laws/generallaws/parti/titleviii/chapter54/section140
I think you're saying that the interim appointee can't also be the elected replacement, no? But as I read this statute, there's no specific language prohibiting that. That would mean there's no particular reason Deval can't appoint Markey at the same time Markey runs in the special election, if I'm reading this correctly. But it's a little obscure so maybe I'm missing something.
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The Senate has a lot of work to do in the next 5 months and it hard to campaign
SharonAnn
Jan 2013
#9
You have a point, but I still lean toward getting him into the seat and then it
gateley
Jan 2013
#43
Incumbents do their job while running for re-election over a period of years, not months
Hippo_Tron
Jan 2013
#79
Markey's problem is making sure he wins the Special Election 6 months after he gets appointed.
NPolitics1979
Jan 2013
#7
Governor Patrick is the one who makes the decision who gets appointed to the seat.
NPolitics1979
Jan 2013
#10
I believe that Gov Patrick said he will NOT appoint anyone that intends to run for the seat...
Tx4obama
Jan 2013
#12
Markey would be stupid to give up his House seat before winning the primary. n/t
Tx4obama
Jan 2013
#21
The MA US Senate vacancy law originally changed in 2004 to prevent Romney-R from appointing
NPolitics1979
Jan 2013
#92
Based on that appointment, the Dem special election candidate seems the better choice,
allrevvedup
Jan 2013
#99
Barney Frank is retiring, he's seventy. He is happy to fill in, but if he wanted the job he would
MADem
Jan 2013
#27
Frank said that BEFORE he knew that the fiscal cliff spending cuts were going to be ...
Tx4obama
Jan 2013
#19
Your main point is not clear--you seem to be confused about what Patrick and Frank have said. nt
MADem
Jan 2013
#32
You keep saying that incumbency is a big advantage. What are the stats on re-election of
Bluenorthwest
Jan 2013
#59
But you are leaving out the several who did not even bother to run, that is not honest...
Bluenorthwest
Jan 2013
#66
Good lord. The OP claims that Frank should not be interim because incumbency is a 'big advantage'
Bluenorthwest
Jan 2013
#70
OP claims " Incumbency has a lot of advantages." Stats show that it does. n/t
allrevvedup
Jan 2013
#71
No, the stats do not show that it does. Stats show that it sometimes does, sometimes harms
Bluenorthwest
Jan 2013
#76
Coakly was not an appointee. The appointed interim Senator from MA did not run.
Bluenorthwest
Jan 2013
#81
Appointed folks running in a general election is different than a short term interim senator...
Tx4obama
Jan 2013
#104
NO. The governor has already said he will only appoint a placeholder--not a candidate or potential
MADem
Jan 2013
#26
No I am not mistaken--I live in MA and I pay attention when I see my governor on the TV.
MADem
Jan 2013
#35
He does NOT want the seat. The governor has already said he will NOT appoint a candidate to the job
MADem
Jan 2013
#48
No--he wants the INTERIM appointment. If he wanted the seat, he'd declare and run for it.
MADem
Jan 2013
#54
Barney Frank said he is now free to do much more in the private sector. If he wanted he would ask.
Sunlei
Jan 2013
#42
Senator Barney Frank-would be first outed Gay Senator in history.The Dream lives on!Equality rules!
graham4anything
Jan 2013
#53
Incorrect, Tammy Baldwin of Wisconsin is the first out (not outed) gay Senator. Barney would be
Bluenorthwest
Jan 2013
#60
Tell me the precentage of appointed Senators who actually win re-election.
Bluenorthwest
Jan 2013
#61
Incorrect, 5 of the appointed Senators in the last 10 years did not even attempt a run...
Bluenorthwest
Jan 2013
#64
Repeating it does not change the fact that the actual question is 'what percentage of appointed
Bluenorthwest
Jan 2013
#68
No the question was:Tell me the precentage of appointed Senators who actually win re-election.
Bluenorthwest
Jan 2013
#72
And those who do not run do not run because they feel they will not win. And to look at the
Bluenorthwest
Jan 2013
#74
In all of history, only 4 people have been appointed from MA to the Senate. Not one of them
Bluenorthwest
Jan 2013
#77
She was not an incumbent appointee nor incumbent in the Senate. As you know.
Bluenorthwest
Jan 2013
#82
By that do you mean that you have read the education I'm offering to you and seen the error
Bluenorthwest
Jan 2013
#85
Not one incumbent appointee to the Senate from MA has ever won election to the Senate.
Bluenorthwest
Jan 2013
#87
That is correct, those 4 did not run. Why do you think that is? Because the people do not want
Bluenorthwest
Jan 2013
#90
As I understand it the appointed interim senator CAN'T run for the seat- I hope Barney is picked. nt
cecilfirefox
Jan 2013
#98