Gabby's husband sez he doesn't want her to return to congress

[littlewolf]

If she agrees .... (and I don't blame her ...)
is their a special election ... or does the Gov
appoint someone .... or does the Gov.
appoint someone until there
is a special election?

http://www.wmal.com/Article.asp?id=2085963

TUCSON, Ariz. (AP) - For about 20 minutes, Rep. Gabrielle Giffords' husband broke down in a plane's bathroom after believing incorrect media reports that his wife had been fatally shot at a political event outside a supermarket.

snip

The astronaut said he learned that she was alive when he called Giffords' mother, who was outside the operating room at the hospital where the congresswoman was being treated. He has said that he called an ABC affiliate in Houston to correct reports of his wife's death.
Giffords isn't aware that six people died in the shooting, including Gabe Zimmerman, one of her staff members, Kelly said. Authorities say she was targeted by a 22-year-old constituent who had met her at a similar event in 2007.

snip

The office is accustomed to dealing with turmoil; the location was vandalized in March hours after a House vote to overhaul the nation's health care system. Someone either kicked in or shot out a glass door and a side window, and Giffords' press secretary C.J. Karamargin said at the time staffers were shaken and worried.
Her staff said they know how much Giffords would want to be on the floor of Congress on Tuesday as lawmakers considered repealing the health care law that she passionately supported last year.

snip

But her husband said he probably wouldn't want Giffords to return to Congress.
"But I know that's probably not going to matter to her. I think she's such a devoted public servant that she's going to come out of this and be more resolved to fix things," he said.

snip

more at link

[xchrom]

1. who can blame him? nt

[Bunny]

2. I don't blame him, either.

I'm pretty sure I'd feel the same way.

[seabeyond]

3. ah. i am luvin this man. nt

[littlewolf]

4. I don't blame him ... I sure would not want

my wife to go back either ... however my point is
does the Gov. appoint someone ... or is there
a special election ....?

[Pab Sungenis]

6. Neither.

The seat stays vacant until the next election. The Constitution doesn't provide for replacement of Representatives.

[former9thward]

8. You are wrong. There is a special election.

[ScreamingMeemie]

9. Not so...

http://blogs.phoenixnewtimes.com/valleyfever/2011/01/gabrielle_giffords_seat_would.php

snip-

Should the congresswoman not be able to finish her term, here's what would go down:

While Giffords' seat could become open through resignation, or in the case of her death, the U.S. Constitution mandates that, in the case of a vacancy in the House, the only way to fill a seat is through an election in the district.

There is no specific provision for the presumed incapacitation of a sitting House member, although a procedure does exist to remove the congresswoman from her seat if she is unable to perform her duties.

-snip

I believe they are given 90 days.

[PBS Poll-435]

11. The House would have to vote on her being incapacitated and then AZ

Could schedule a special election.

I doubt very much that the House would ever pass that vote.

[ScreamingMeemie]

13. The post was in answer to incorrect information.

Thank you.

[pinboy3niner]

17. And the details are spelled out by Arizona statute...

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

Of course, the decision to continue in office or not will most likely be up to Rep. Giffords.

[PBS Poll-435]

10. BTW

There is no vacancy.

Representatives miss votes all of the time. Especially when their vote doesn't matter.

[littlewolf]

21. If she chooses not to return to congress as her husband wishes

their will be a vacancy ....

[PBS Poll-435]

24. I have no doubt that WHEN Gabrielle is able to conduct the people's business

She will.

Mark Kelly is justifiably upset.

[PBS Poll-435]

5. The Crazy-Ass Governor of Arizona can not and will not appoint a replacement

In most States, a Senator can be replaced by the Governor, but a House Rep can not be replaced. There MUST be a special election for a vacancy in the People's House.

[pacalo]

7. A CNN article posted today said the opposite. The husband said she will return to

the Safeway store to continue her Congress on Your Corner meetings.

[former9thward]

12. Where would they get that article?

She has not communicated verbally or in writing since the shooting. How do they know what she will do?

[pacalo]

30. This is what her husband said & the link to the CNN article...

Kelly said the lawmaker will resume her public service "stronger than ever" as soon as she's well enough. He predicted she would return to the scene of the shooting.

"She loves southern Arizona more than anything," he told CNN affiliate KGUN. "She's here every week, doing stuff like 'Congress on your Corner,' and I'm sure the first thing she's gonna do, when she's ready, is a 'Congress on your Corner' at that Safeway" where the shooting occurred.

http://www.cnn.com/2011/CRIME/01/19/arizona.shooting/index.html?hpt=T1

[RamboLiberal]

14. That is his perspective but he said last night that will be up to Gabby

If she can I think she will at least finish out her term. And if she can I bet she might run again. But that decision belongs to her first and of course in discussion with Mark.

What a gem of a husband! I love that man.

[lumberjack_jeff]

16. Of course it's up to her.

She ran for office, the people elected her and she's the one who'll decide.

[InvisibleTouch]

15. I can understand why he feels that way, but...

...it's not his decision to make. At least it seems like he understands this, too, and is only expressing his personal hopes.

[bobbolink]

18. Very understandable, and this is how terrorism works. You can be sure that it is also

making others rethink their decisions for public service.

[bluedigger]

19. Exactly right, bobbolink!

I hope she is willing to resume her seat when (if) she is able.

[The Backlash Cometh]

20. Okay, with that comment I think we should ask the question:

Who replaces her position if she can't return? I think she should make the decision, because otherwise, this will only encourage the assassins out there to target Democratic congress people who can be replaced by Republican Governors.

[PBS Poll-435]

22. The people in her district. In Arizona's next scheduled election.

[littlewolf]

23. I believe we have already answered this ...

under AZ law ... if she chooses not to return ... there is a special primary and special election ...

[The Backlash Cometh]

25. Still think it should automatically be another Democrat in order

to discourage assassination attempts.

[bobbolink]

26. NOTHING will "discourage assassination attempts" until our DEM leaders face domestic terrorism

like this head on.

The RW doesn't give up easily.....especially when they so easily win the heart and mind of the man in the OVal.

[The Backlash Cometh]

27. Can't disagree with you there.

[bobbolink]

28. Damn! I don't like having these thoughts, and wish you could have logically dissuaded me.

Seriously, it has become so horribly discouraging and frightening that I am resorting to escapism just to keep my head above water.

Here's to us all....:toast:

[donheld]

29. Let the sheriff take her place.

he'll kick ass!