Giffords may lose seat under Arizona rules: report (if office is "vacated" 3 consecutive months)

[Amerigo Vespucci]

Giffords may lose seat under Arizona rules: report

http://www.rawstory.com/rs/2011/01/giffords-lose-seat-arizona-rules/



By Daniel Tencer
Monday, January 17th, 2011 -- 6:37 pm

Nine days after sustaining a gunshot wound to the head, Rep. Gabrielle Giffords (D-AZ) is once again able to smile, doctors reported Monday, but the three-term representative could find herself out of the US House, thanks to a little-used Arizona regulation.

According to a state statute unearthed by the Washington Post, a House representative is deemed to have "vacated" their office if the person holding that office ceases "to discharge the duties of office for the period of three consecutive months."

If Giffords is found to have "vacated" her office, Arizona Governor Jan Brewer is required under state law to call a special election to replace the representative.

Even though doctors appear stunned at the pace of Giffords' recovery, saying that she may leave hospital in "a matter of days to weeks," it's unlikely she would be able to resume the full duties of her office within 90 days of the shooting.

[ingac70]

1. That would just embolden CONservatives to target more AZ Dems. n/t

[Statistical]

2. That would be very sad.

The law is rather vague. I am no lawyer but I would imagine if she could make a single vote on a single piece of legislation before the 90 days expire she wouldn't be considered to have "vacated" the the office.

Right?

[DaveinJapan]

4. Sadly, I highly doubt she'll be fit to travel within 90 days!

I'm no doc, but that certainly seems like pushing things. It's not worth risking her recovery, in any case.

[Statistical]

7. Are Congresspersons allowed to vote "absentee" or must they be in the Capital building?

I honestly don't know.

[Abq_Sarah]

They have to register their vote in person

Which is why we occasionally hear stories about congresspeople rushing back to Washington to vote on major legislation.

[Statistical]

10. Hmm. Well that isn't good for Giffords.

[Abq_Sarah]

11. I don't know...

I'd rather they show up in person, particularly when they're making laws, than phone it in.

[Statistical]

13. Yeah I agree it likely is a valid requirement. Just in this case is bad for her.

I doubt she will be capable to travel in the next 90 days.

[Abq_Sarah]

6. That was my first thought

I'm torn on this. I don't want Rep Giffords seat vacated but on the other hand, the people of Arizona deserve to have active representation.

[Maine_Nurse]

15. It sucks in this case but I agree.

Its too bad that there isn't a mechanism to temporarily delegate authority like when a president turns over control to the VP when the prez needs a surgery or something. Now that is a bill I'd support.

[Canuckistanian]

3. Federal laws trump state laws

Congress rules decide the term conditions of House Representatives, not local state laws.

And since Gabby was elected as a federal rep, state laws don't apply.

[Contrary1]

14. That's my take on it too. n/t

[Hippo_Tron]

20. Yep, same thing as when people kept suggesting a recall of Lieberman

[Ghost in the Machine]

5. So, can she show up a day a week, and then it won't be consecutive absence?

WHat about Worker's Comp? She was injured in the performance of her duties, workers comp rules, at least in my state, say you can't get fired for being hurt... Are Congress members covered under worker's comp?

[baldguy]

16. One day every three months.

[Odin2005]

8. Mark my word, of she loses her job and Brewer appoints a Puke...

...the nuts will feel encouraged to shoot more people.

[tammywammy]

12. Brewer won't appoint anyone, there will be a special election (but probably nothing will happen). nt

[Statistical]

9. The law allows but doesn't require the seat to be deemed vacated ...

A staffer from Brewer seems to indicate this won't happen.

http://www.dailykos.com/story/2011/1/17/936988/-Arizona-officials-unlikely-to-invoke-law-declaring-Giffords-seat-vacant

[Nailzberg]

17. There are some dumb pols out there, but I doubt enough to make this an issue

Even in this polarized political environment, it would be really bad politics for anyone to suggest Gifford's seat be deemed vacated. There's still enough people in the middle that would find that a disgusting act. And for pols, self-preservation is more important than maybe getting that one congressional seat, as it would be filled by special election, so its not even guaranteed to go GOP.

I'd bet that Brewer and the AZ state legislature get busy protecting Gifford's seat. State reps will be falling over themselves to co-sponsor the bill. Not because I trust the GOP members to do the right thing, but because it picks them up points without losing a thing. Nice press conference and bill signing, plenty of feel good PR, and all without ceding an inch of ground to the other side.

[tritsofme]

18. The state of Arizona lacks the authority to place standards on federal officeholders.

This law would be unconstitutional in the same vein as state based term limits on federal officeholders.

House terms last two years, absent death, resignation, or expulsion.

[Hippo_Tron]

19. The only way her seat can be vacated is if she resigns or is expelled by the house

If anybody tried to invoke one of these states laws the decision would be overturned by federal courts.

[Travelman]

21. That kinda sucks, but look on the bright side:

At least it's a special election rather than an appointment. The people of Giffords' district at least have an opportunity to put another Democrat in that seat, whereas there is little doubt that Brewer would put the hottest firebrand R in there that she could find. No election, no accountability for that appointment, which is how it works in a lot of states. In many cases, there's not any sort of confirmation or anything else like that: the governor is just a "king-maker" when it comes to appointments to the House and Senate in these kinds of situations.

Realistically, this special election probably is going to happen, unfortunately. Having been through a similar traumatic brain injury with my mother some years ago, I've been around this track before. Most neurosurgeons out there will tell you that after pretty much ANY severe brain trauma, even with full recovery, a realistic time frame for recovery is a year or more. The news about Giffords is very positive, and of course that's a great thing, but let us not set expectations higher than reality dictates. And honestly, even if Giffords makes a miraculous recovery and is right as rain in six months, it's still a bit unfair to deny the people of her district representation during that time period.