Filling a vacancy in the Senate for Alaska - cougarguard.com — unofficial BYU Cougars / LDS sports, football, basketball forum and message board

Cali Coug · 11-06-2008, 02:42 PM

I looked up the statute this morning because I have heard so many different views on how a vacant Senate seat is filled in Alaska.

Here are the relevant statutes:

Sec. 15.40.140. Condition and time of calling special election.

When a vacancy occurs in the office of United States senator or United States representative, the governor shall, by proclamation, call a special election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs. However, if the vacancy occurs on a date that is less than 60 days before or is on or after the date of the primary election in the general election year during which a candidate to fill the office is regularly elected, the governor may not call a special election.

Sec. 15.40.145. Temporary appointment of United States senator. [See revisor's note]..

When a vacancy occurs in the office of United States senator, the governor may, at least five days after the date of the vacancy but within 30 days after the date of the vacancy, appoint a qualified individual to fill the vacancy temporarily until the results of the special election called to fill the vacancy are certified. If a special election is not called for the reasons set out in AS 15.40.140 , the individual shall fill the vacancy temporarily until the results of the next general election are certified.

What is interesting, is that the notes state that the provisions were adopted by a proposition on the ballot and not by the legislature. Does 15.140.145 therefore violate the 17th Amendment of the US Constitution? It provides:

Clause 2. When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

I think 15.40.140 is clearly fine, so a special election would have to be called. Then, the only question left is whether or not the governor of Alaska can temporarily fill the seat. The statute would say yes. Whether or not it conflicts with the 17th Amendment is debatable. If it does, the statute is invalid. If it doesn't, Palin could appoint a temporary successor.

All of this is irrelevant if Stevens ultimately loses (which is still a real possibility).

Tex · 11-06-2008, 02:48 PM

What I have been reading is that there are two measures, one adopted by the legislature and one by initiative, that provide for slightly different processes. One commentator suspected the Alaska Supreme Court would have to rule on which one was valid.

Cali Coug · 11-06-2008, 02:50 PM

Quote:

Originally Posted by Tex

What I have been reading is that there are two measures, one adopted by the legislature and one by initiative, that provide for slightly different processes. One commentator suspected the Alaska Supreme Court would have to rule on which one was valid.

I haven't heard that (but I haven't been looking much either). Do you have a link? It would be odd if they don't put both measures in the same place in the code (the code only lists the sections I mentioned above as far as I can see).

Tex · 11-06-2008, 02:55 PM

Quote:

Originally Posted by Cali Coug

I haven't heard that (but I haven't been looking much either). Do you have a link? It would be odd if they don't put both measures in the same place in the code (the code only lists the sections I mentioned above as far as I can see).

http://www.adn.com/politics/story/569836.html

11-06-2008, 02:42 PM	#1
Cali Coug Senior Member Join Date: Dec 2005 Posts: 5,996	Filling a vacancy in the Senate for Alaska I looked up the statute this morning because I have heard so many different views on how a vacant Senate seat is filled in Alaska. Here are the relevant statutes: Sec. 15.40.140. Condition and time of calling special election. When a vacancy occurs in the office of United States senator or United States representative, the governor shall, by proclamation, call a special election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs. However, if the vacancy occurs on a date that is less than 60 days before or is on or after the date of the primary election in the general election year during which a candidate to fill the office is regularly elected, the governor may not call a special election. Sec. 15.40.145. Temporary appointment of United States senator. [See revisor's note].. When a vacancy occurs in the office of United States senator, the governor may, at least five days after the date of the vacancy but within 30 days after the date of the vacancy, appoint a qualified individual to fill the vacancy temporarily until the results of the special election called to fill the vacancy are certified. If a special election is not called for the reasons set out in AS 15.40.140 , the individual shall fill the vacancy temporarily until the results of the next general election are certified. What is interesting, is that the notes state that the provisions were adopted by a proposition on the ballot and not by the legislature. Does 15.140.145 therefore violate the 17th Amendment of the US Constitution? It provides: Clause 2. When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. I think 15.40.140 is clearly fine, so a special election would have to be called. Then, the only question left is whether or not the governor of Alaska can temporarily fill the seat. The statute would say yes. Whether or not it conflicts with the 17th Amendment is debatable. If it does, the statute is invalid. If it doesn't, Palin could appoint a temporary successor. All of this is irrelevant if Stevens ultimately loses (which is still a real possibility).

11-06-2008, 02:48 PM	#2
Tex Senior Member Join Date: Dec 2006 Posts: 8,596	What I have been reading is that there are two measures, one adopted by the legislature and one by initiative, that provide for slightly different processes. One commentator suspected the Alaska Supreme Court would have to rule on which one was valid. __________________ "Have we been commanded not to call a prophet an insular racist? Link?" "And yes, [2010] is a very good year to be a Democrat. Perhaps the best year in decades ..." - Cali Coug "Oh dear, granny, what a long tail our puss has got." - Brigham Young