[EL] What if Bachmann resigns?

[Mark Schmitt]

There have been 16 mid-term resignations from the House in the past two
congresses. Some were for egregious scandals (like Weiner-gate), but most
were either for the purpose of (1) getting the clock started on the
lobbying waiting period or (2) betting that a low-turnout special election
will be better for your party or your preferred successor than an open-seat
general. It's really quite outrageous, given the cost of a special election.

Bachmann did have a weird line in her video statement (which is very
amusing, especially the music, although you'll never get those 8-1/2
minutes back), where she said that "eight years is long enough to serve
representing one specific congressional district." Is there some other
district she might aim to run in? If so, or if she aims to run against
Franken, I think she might not resign; otherwise, I'm sure she will.


Mark Schmitt
Senior Fellow, The Roosevelt Institute <http://www.rooseveltinstitute.org/>
202/246-2350
gchat or Skype: schmitt.mark
twitter: mschmitt9


On Wed, May 29, 2013 at 8:34 PM, Schultz, David A. <dschultz at hamline.edu>wrote:

> 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 Congresstake 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
> Congress immediately 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 vacancyin 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 Congressimmediately 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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