Florida Election law says Foley's name will remain on ballot

[El Fuego]

Section 100.111(4)(a) of the Florida election code says:

"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 political party 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 hose counties comprising the area involving a district office."

http://pdftohtml.spiritofanime.com/pdf2html.php?url=http://election.dos.state.fl.us/publications/pdf/2006_election_laws.pdf.com">Florida Election Code

EXCELLENT!!!!! They'll replace Foley, but GOP advertising to give the new nominee name-recognition will be for naught.

:bounce:

[Ediacara]

1. So... did we just pick up this seat by default?

Or will they challenge this and try to force a different candidate?

[El Fuego]

2. No, they get to pick a replacement, but the name won't be on the ballot.

[Ediacara]

4. so it would be a write-in?

or would it be similar to the Mel Carnahan situation?

[El Fuego]

5. Apparently a vote for Foley will be a vote for the replacement

[Cha]

11. So that's Jon Tester! I've read so

many good things about him but didn't know what he looked like..handsome brute!

[Warpy]

3. If he wins, Jebbie will appoint someone

to fill his seat.

At least that's the way it happens in other states.

I can't wait to see the buyer's remorse on this one. Jebbie's candidates are many and universally awful.

[Hippo_Tron]

13. Vacant House seats can't be filled by a Governor's appointment

Only Vacant Senate seats. The House of Representatives prides itself on the idea that it's the only part of the federal government whose membership is 100% elected at all times.

[TahitiNut]

6. Watch 'em try to change the name on the ballot anyway.

Watch. "Laws? Laws are for the little people." :puke:

[onenote]

7. this is great

one question: Foley wasn't in a primary election, so does the rule still apply? I think it does, but figured it would be better to ask than be surprised.

[tkmorris]

8. I've been looking over a pdf file of FL election law

And it would seem that you are correct. A summary I read earlier said merely that they (the Republican committee) could replace the nominee and implied that that person would appear on the ballot but, as you found, they cannot. They just get the other guys votes. Bad law, in my mind, but I'll take it. I think we just won that seat.

[madrchsod]

9. just think of all the people this creep

has glad handed over the years...i bet some of them are sick right now. the republican political machine would love to deep six this but it won`t happen...

[Greeby]

10. So in other words

The Pukes will have a replacement, but the voters will see the name of a disgraced Congresscritter displaying paedophilic tendencies.

Somehow I think are chances are good for this one ;)

[Hippo_Tron]

12. Maybe they could nominate Katherine Harris to replace him

She's doing so well in her Senate race and all...