Quote:
Originally Posted by Kevin
Apparently Alaska's Constitution requires a special election in this situation.
Or so I'm told by an ordinarily poorly informed source.
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When a vacancy occurs in the office of United States senator or United States representative, 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. However, if the vacancy occurs on a date that is less than 60 days before or is on or after the date of the primary election in the general election year during which a candidate to fill the office is regularly elected, the governor may not call a special election.
It depends on how you read that statute. If he retires before the end of this year it would technically be after the date of the primary election in the general election year. And if that is the case this appointment statute applies:
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. If a special election is not called for the reasons set out in AS 15.40.140, the individual shall fill the vacancy temporarily until the results of the next general election are certified.
If that's the case she could appoint someone (including herself) to a two-year portion of the term until 2010 when they would have the special election and she (or whoever) would essentially be running for reelection to the rest of the term.
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