(URGENT) Foley CAN Be Removed From The Ballot
Saturday, September 30th, 2006
The question is what is next for Florida’s 16th Congressional District. Fortunately, there is much detail spelled out in Florida law, so Republicans are in a better position in Florida compared to Texas.
The first question is who goes on the ballot and who picks that person. Here is the Statute:
In the event that death, resignation, withdrawal, removal, or any other cause or event should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the Department of State shall notify the chair of the appropriate state, district, or county political party executive committee of such party; and, within 5 days, the chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy. The name of any person so designated shall be submitted to the Department of State within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee’s name will appear on the ballot. Any ballots cast for the former party nominee will be counted for the person designated by the politicalparty to replace the former party nominee. If there is no opposition to the party nominee, the person designated by the political party to replace the former party nominee will be elected to office at the general election. For purposes of this paragraph, the term “district political party executive committee” means the members of the state executive committee of a political party from those counties comprising the area involving a district office.
So, the local Republican Party Officials pick who will be running for office. The bad news is that Foley’s name stays on the ballot.
As a Party we have l;earned some things from the Delay fiasco in Texas. Because of the problems with a write in candidate campaign, Governor Perry called a special election to coincide with the General Election. Governor Bush can do the same thing:
(2), a special election or special primary election shall be held in the following cases:
(4) If a vacancy occurs in the office of member from Florida of the House of Representatives of Congress.
Here are the mechanics of calling that “special primary election:”
(3) Whenever there is a vacancy for which a special election is required pursuant to s. 100.101, the Governor, after consultation with the Secretary of State, shall fix the dates of a special primary election and a special election. Nominees of political parties other than minor political parties shall be chosen under the primary laws of this state in the special primary election to become candidates in the special election. Prior to setting the special election dates, the Governor shall consider any upcoming elections in the jurisdiction where the special election will be held. The dates fixed by the Governor shall be specific days certain and shall not be established by the happening of a condition or stated in the alternative.
URGENT: The Republican Party can fix this mess and get Foley off the ballot. Governor Bush can call for a “special primary election” no later than October 24, 2006. That should then allow for the removal of Foleys name!!! Foley stays on the ballot because he was on the prior primary certification. This District needs a special primary called by Governor Bush. Please help get the word out.
– Oak Leaf