[EL] What if Bachmann resigns?

[Schultz, David A.]

What if Michele Bachmann decides to step down instead of serving out her
term?  What then?

The governor does not have the authority to fill the position and instead
it must go to a special election.  This would deprive Democrat Mark Dayton
from appointing a Democrat to fill the position.

I am betting a dollar that Bachmann resigns before her term ends.  The
longer she is in office the less and less her (political) capital or
marketability is.

See below.

204D.29 REPRESENTATIVE IN CONGRESS VACANCY.
Subdivision 1.Scope; definition.

(a) A vacancy in the office of representative in Congress must be filled as
specified in this section.

(b) "Vacancy," as used in this section, means a vacancy in the office of
representative in Congress.
 Subd. 2.Vacancy 27 weeks or more before state primary.

(a) If a vacancy occurs 27 weeks or more before the state primary, the
governor must issue a writ within three days of the vacancy for a special
election for that office to be held between 20 and 24 weeks of the vacancy,
but not fewer than 47 days before a state primary. A special primary must
be held 11 weeks before the special election or on the second Tuesday in
August if the general election is held on the first Tuesday after the first
Monday in November if any major party has more than one candidate after the
time for withdrawal has expired.

(b) The filing period for a special election under this subdivision must
end on or before the 131st day before the special election. Minor party and
independent candidates must submit their petitions by the last day for
filing and signatures on the petitions must be dated from the date of the
vacancy through the last day for filing. There must be a one-day period for
withdrawal of candidates after the last day for filing.
 Subd. 3.Vacancy more than 22 weeks but fewer than 27 weeks before state
primary.

(a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before
the state primary, the governor must issue a writ within three days of the
vacancy for a special election for that office to be held on the day of the
state primary with a special primary held 11 weeks before the state
primary, if any major party has more than one candidate after the time for
withdrawal has expired. The regularly scheduled election to fill the next
full term shall proceed pursuant to law.

(b) The filing period for a special election under this subdivision must
end on or before the 147th day before the state primary. Minor party and
independent candidates must submit their petitions by the last day for
filing and signatures on the petitions must be dated from the date of the
vacancy through the last day for filing. There must be a one-day period for
withdrawal of candidates after the last day for filing. Candidates for a
special election under this subdivision are not subject to the prohibition
in section 204B.06<https://www.revisor.mn.gov/statutes?year=2012&id=204B.06#stat.204B.06>against
having more than one affidavit of candidacy on file for the same
election.

(c) The winner of a special election on the day of the state primary under
this subdivision shall serve the remainder of the vacant term and is
eligible to be seated in Congress upon issuance of the certificate of
election. The winner of the regularly scheduled term for that office at the
general election shall take office on the day new members of Congress take
office.
 Subd. 4.Vacancy 22 or fewer weeks before state primary but before general
election day.

(a) If a vacancy occurs from 22 weeks before the state primary to the day
before the general election, no special election will be held. The winner
of the general election for the next full term for that office will serve
the remainder of the unexpired term and is eligible to be seated in
Congressimmediately upon issuance of a certificate of election.

(b) If the incumbent filed an affidavit of candidacy for reelection as the
candidate of a major political party and was nominated for the general
election ballot by that party and a vacancy occurs from the day of the
state primary until the date of the general election, there is a vacancy in
nomination to be resolved pursuant to section
204B.13<https://www.revisor.mn.gov/statutes?year=2012&id=204B.13#stat.204B.13>.

 Subd. 5.Vacancy on or after election day and before the day new members of
Congress take office.

(a) If a vacancy occurs between the day of the general election and the day
new members of Congress take office and the incumbent was not the winner of
the general election, the winner of the general election for the next full
term for that office is eligible to be seated in Congress immediately upon
issuance of a certificate of election or the vacancy, whichever occurs last.

(b) If a vacancy occurs on or after election day but before the day new
members of Congress take office and the incumbent was the winner of the
general election, the vacancy must be filled pursuant to subdivision 2.


-- 
David Schultz, Professor
Editor, Journal of Public Affairs Education (JPAE)
Hamline University
School of Business
570 Asbury Street
Suite 308
St. Paul, Minnesota 55104
651.523.2858 (voice)
651.523.3098 (fax)
http://davidschultz.efoliomn.com/
http://works.bepress.com/david_schultz/
http://schultzstake.blogspot.com/
Twitter:  @ProfDSchultz
FacultyRow SuperProfessor, 2012, 2013
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