WP: Foley's name on ballot, but GOP can designate recipient of his votes [View All]

WP, "The Fix," by Chris Cillizza
Florida's 16th District: Rep. Foley Drops Out

....Rep. Foley's name will remain on the Nov. 7 ballot, although Republicans will be allowed to designate a candidate who will receive all of the votes cast for the outgoing incumbent.

The legal explanation for the so-called "replacement candidate" goes back to 2004 when former Wilton Manor Mayor Jim Stork (D-Fla.) dropped out of the race against Rep. Clay Shaw (R-Fla.) with just 40 days remaining before the election. At the time, the Republican Secretary of State denied Stork's request to withdraw, meaning that Democrats were left without a candidate. The Democratic Party appealed and won a court decision that allowed officials to pick Robin Rorapaugh as the replacement candidate who would receive Stork's votes. Shaw won easily.

Here's what the Florida election statute says:

(4)(a) In the event that death, resignation, withdrawal, removal, or any other cause or event should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the Department of State shall notify the chair of the appropriate state, district, or county political party executive committee of such party; and, within 5 days, the chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy. The name of any person so designated shall be submitted to the Department of State within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee's name will appear on the ballot. Any ballots cast for the former party nominee will be counted for the person designated by the political party to replace the former party nominee. If there is no opposition to the party nominee, the person designated by the political party to replace the former party nominee will be elected to office at the general election. For purposes of this paragraph, the term "district political party executive committee" means the members of the state executive committee of a political party from those counties comprising the area involving a district office....

http://blog.washingtonpost.com/thefix/2006/09/foley_to_drop_out.html#more