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

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

Aren't gonna pick the name on the ballot of a sexual predator.

Or are Florida Repukes even stupider than I give them credit

until after the election . . . they watch faux news.

ellen fl

Once Rove gets his hands on this situation, by the time of the election, dirty e-mails to minors by Republicans will be a sacrement! GMAFB.

They're just waiting for this to die down, and then they'll start equating it to Clinton/Lewinsky, and it'll move on from there to something holy and beautiful.

TC

What about the people who choose to vote for the candidate and not the party?

What's to stop them from substituting any (more ruthless) criminal for Foley?

:grr:

how the HELL can that be???
what a f*****d up system we have in this country...

Seriously, I don't see how this is a bad thing. The alternative is that the Republicans get to put the name of someone who's NOT a sexual predator on the ballot.

Foley's name MUST remain on the ballot.

The Florida Supreme Court has the final say and has a reliable liberal tilt (5 dems, 2 jebbies).
They ruled on this in 2004 (Jim Stork v Clay Shaw)and there is precident.

The district is not total wingnut country. (it is fast growing and is suburban and mostly upper middle class) Over 50% will have to pull the lever for an accused child predator. That will not happen.

Jeb would have to call an emergency legislative session and call the whole legislature to rewrite the law. This would bring a media frenzy on the Florida party and hurt them (and GOP Gov hopefull and current ATTY GENERAL Charlie Crist) in the statewide election. (and if it did it would be struck down by the supreme court)

I am optimistic here.

:banghead: why didn't we think of that.

LOL, since his name has to stay on the ballot and he won't be campaigning the GOP will have to actively campaign on his behalf using his name if they want to win this seat.

The frontrunner right now to be the GOP's candidate for the seat of Rep. Mark Foley -- who resigned yesterday amid revelations of his sexually-charged emails to House pages -- is Florida State Rep. Joe Negron, a 45-year-old lawyer and aggressive fundraiser. Florida GOPers are telling the St. Petersburg Times that Negron is a strong contender, and Negron himself told the paper, "I'm making calls as quickly as I can." Who is Negron? Well, here's one indicator: Negron full-throatedly supported Gov. Jeb Bush's efforts to intervene and prevent doctors from allowing the death of Terry Schiavo, the Florida brain-dead woman who was allowed to die after a national battle over her fate. Negron's take on Schiavo? It was wrong, Negron said in June, "for a judge to say you can't put water on the lips of a citizen of Florida."

Negron's conservative position on Schiavo could be a liability for him if he gets the nod from GOP leaders to take on Tim Mahoney, the Dem nominee who'd been running a credible campaign for Foley's seat.

more…
http://www.tpmcafe.com/blog/electioncentral/2006/sep/30/fl_16_would_be_foley_replacement_backed_intervention_for_schiavo_0

NBC interviewed Repub residents who live in the diddler's district..

They don't want anything to do with RETHUGS ---- period!

they know on some level that someone else will get the votes.

All they'll see is "Mark Feelme (R)" or "Mark Foolyou (R)" and they'll either not vote or vote Dem.

come on republicans! SHOW US YOUR FAMILY VALUES!