[EL] Breaking: Indiana SOS Removed from Office; More News

Thu Dec 22 18:48:06 PST 2011

FWIW, this is in the Los Angeles City Charter:

        Bookmark <javascript:void(0)>Sec. 427.  Death or
        Disqualification of Candidate.

      In the event of the death, resignation or other disqualification 
of any candidate nominated at a primary nominating election, the person 
who received the next highest number of votes for that office at the 
primary nominating election shall be deemed a candidate and, if 
practicable, his or her name shall be printed on the ballot to be used 
at the general municipal election.

(This is a bit off-point, because it's not about who actually wins an 
office.  It's just about who gets to be in the final round of 2.  But 
perhaps someone on this list is compiling this sort of info.)  - dah

On 12/22/2011 6:02 PM, Even, Jeff (ATG) wrote:
>
> I'm curious about the statement that if the decision stands, the 
> second-place candidate would take office.  We addressed that question 
> in a formal Opinion of the Attorney General several years ago, which 
> is available online 
> <http://www.atg.wa.gov/AGOOpinions/opinion.aspx?section=archive&id=9224>.  
> As we discussed there, the majority rule at common law is that the 
> death or disqualification of a candidate does not render the votes 
> cast for that candidate invalid, and does not make the losing 
> candidate the winner of the election.  Rather, the result is a vacancy 
> in office which is then filled by whatever procedures are set forth 
> for filling vacancies.  So does Indiana perhaps have a contrary 
> statute, or follow a minority common law rule?
>
> *From:*law-election-bounces at department-lists.uci.edu 
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of 
> *Rick Hasen
> *Sent:* Thursday, December 22, 2011 5:48 PM
> *To:* law-election at UCI.EDU
> *Subject:* Re: [EL] Breaking: Indiana SOS Removed from Office; More News
>
> Stay and appeal are coming:
>
>
>     Breaking (and Major) News: Indiana Secretary of State White
>     Removed from Office by Trial Court
>     <http://electionlawblog.org/?p=26942>
>
> Posted on December 22, 2011 1:17 pm 
> <http://electionlawblog.org/?p=26942> by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> The ruling is here 
> <http://electionlawblog.org/wp-content/uploads/WhiteRuling_2011_12_22.pdf>.  
> If there is no (successful) appeal, the second place finisher, 
> Democrat Vop Osili, becomes Indiana's Secretary of State.
>
> UPDATE: Emergency relief 
> <http://www.courierpress.com/news/2011/dec/22/white-found-ineligible-serve-secretary-state/?preventMobileRedirect=1> 
> sought:
>
>     The commission is seeking an emergency stay of the ruling, said
>     A.J. Feeney-Ruiz, a spokesman for the secretary of state's office,
>     of which the commission is a part.
>
>     The panel will seek to do so through Indiana Attorney General Greg
>     Zoeller's office, he said.
>
>     Zoeller's office said it has not yet discussed the matter with the
>     Indiana Recount Commission.
>
>     "We've not met with them yet. I'm sure we'll be meeting with them
>     soon to see how they want to proceed. We do not represent Charlie
>     White the candidate," said Bryan Corbin, a spokesman for the
>     attorney general's office.
>
>     If that request for a stay is granted, it would mean that White
>     will remain in office as the legal case plays out.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D26942&title=Breaking%20%28and%20Major%29%20News%3A%20Indiana%20Secretary%20of%20State%20White%20Removed%20from%20Office%20by%20Trial%20Court&description=>
>
> Posted inSOS White <http://electionlawblog.org/?cat=13> | Comments Off
>
> On 12/22/2011 1:18 PM, Rick Hasen wrote:
>
> -- 
> Rick Hasen
> Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
>
>
>
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> -- 
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
>
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