What happens to her seat in congress? She will need a long recovery period

[SoCalDem]

If she resigns it, will it just remain empty until '12? I know a special election is usually held for senatorial seats, but don't representative seats just remain unfilled until the next election?

She cannot participate while she's recovering & I know this is not at the top of her "worry lists", but will congress just remain at 434 until '12?

anyone know how Arizona handles this?

[mfcorey1]

1. We will pray for a full recovery. Please, God, don't let the decision be left to Brewer. nt

[CreekDog]

2. she has it unless she resigns

if she were to resign, there would be a special election scheduled within 90 days.

i don't expect her to resign. i expect her to come back as soon as she can.

[regnaD kciN]

3. I assume, if she survives, her seat will remain vacant...

...until either a) she recovers enough to serve, or b) the next election is held, and the next Congress takes office.

If she passes on...I'm not sure about Arizona's law on this, whether there would have to be an immediate special election, or if Brewer would get the chance to fill it with a right-wing Republican of her choice until 2012. :-(

[Rhiannon12866]

4. When my congresswoman was appointed senator, there was a special election

To fill her vacant House seat. Though this is a different state... :shrug:

[Art_from_Ark]

5. Same with my Congressional district in 2001

The then-representative Asa Hutchinson (Arkansas) resigned to take a another position, and a special election was held to fill the vacancy.

[Rhiannon12866]

10. Sounds like the only fair way, to me...

Here in NY, when Senator Clinton was chosen as SoS, the (Democratic) governor appointed my congresswoman, Kirsten Gillibrand (NY-20), to take her place as senator. I thought that was pretty cool, like her a lot and she's doing a great job, was elected by a landslide when she ran last fall. So we had a special election in March of 2009 to fill her vacant House seat and managed to elect the Democrat she endorsed, Scott Murphy, who lives in my town. He did a terrific job for the district and I worked on both of his campaigns, but he was defeated in November by a teabagger. :(

Since both Arkansas and NY followed the same procedure, let's hope that this is the way things are done in all of the states... :hi:

[pinboy3niner]

6. In this case, resignation would require a special primary and general election...

...because the next regular general election would not be held within 6 months:

Arizona Revised Statutes - Title 16 Elections and Electors - Section 16-222 Vacancy in the office of United States senator or representative

16-222. Vacancy in the office of United States senator or representative

A. When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause, the vacancy shall be filled at the next general election. At such election the person elected shall fill the unexpired term of the vacated office.

B. For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months from the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within seventy-two hours after the office is officially declared vacant. Notwithstanding sections 16-313, 16-351 and 16-542, for a candidate for office at an election held pursuant to this subsection, the following apply:

1. The special primary election shall be held no less than eighty nor more than ninety days after the occurrence of the vacancy, and the special general election shall be held not less than fifty nor more than sixty days after the special primary election. ....

More:
http://law.onecle.com/arizona/elections-and-electors/16-222.html

[SoCalDem]

7. Thanks. I looked all over & could not find that

At least it looks like that godawful Brewer cannot just hand-pick someone.

I hope Giffords can recover, but in a 2 yr term just beginning, it's rather daunting ..

[Ilsa]

8. I was hoping that in light of the circumstances, brewer

Would do the decent thing and only appoint someone that Giffords approved of, IF the governor were to have that power.

[regnaD kciN]

9. Wanna make a bet...?

At least it looks like that godawful Brewer cannot just hand-pick someone.

I see no reason to doubt that, should it look like Giffords will not be able to recover sufficiently to return to her job, the same Arizona legislature that passed the "show us your papers" immigration law and banned ethnic-studies courses would set a speed record in passing a new law giving Brewer that very authority. :-(

As a matter of fact, I wouldn't be surprised if, in the next week or so, they passed a law giving the Governor sole authority to determine whether a congressperson was "medically unable" to continue, and thus appoint a replacement.