[EL] Unexpired congressional terms

Richard Winger richardwinger at yahoo.com
Wed Mar 6 12:03:36 PST 2013


There have been a fair number of lawsuits on "one person, one vote" in connection with national major party conventions, and the courts consistently let political parties off the hook for "one person, one vote" for convention nominations.  See Ripon Society v National Republican Party, 525 F 2d 567 (DC circuit 1975) and Bode v National Democratic Party, 452 F 2d 1302 (DC circuit 1971).

Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147

--- On Wed, 3/6/13, Reuben, Richard C. <ReubenR at missouri.edu> wrote:

From: Reuben, Richard C. <ReubenR at missouri.edu>
Subject: [EL] Unexpired congressional terms
To: "'Rob Richie'" <rr at fairvote.org>, "Paul Gronke" <paul.gronke at gmail.com>
Cc: "Election Law" <Law-election at department-lists.uci.edu>
Date: Wednesday, March 6, 2013, 10:48 AM



 
 




As you may know, Rep. Jo Ann Emerson, R-Mo., has announced that she is leaving government for the private sector. Missouri law permits the parties to select
 their candidates to fill her unexpired term, rather than going through a primary process. A question has been raised as to the composition of party nominating committee, which among other things is allegedly not proportional in terms of urban and rural voters. 
   
This is not really my area, but I am unaware of any case law that would require a rule of proportionality
within a congressional district, and am hard-pressed to come up with a compelling and administrable rationale.  Is anyone else aware of any law on this? Or do you have any thoughts? 
   
Thanks. 
   
Richard. 
   
Richard C. Reuben 
James Lewis Parks Professor of Law 
University of Missouri School of Law 
308 Hulston Hall 
Columbia, MO, 65211 
Phone: 573-884-5204 
Fax: 573-882-3343 
Email:
ReubenR at Missouri.edu 
Law School Web: law.missouri.edu/reubenr 
Personal Web: richardcreuben.com 
   
   




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