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WaxWorks
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Thursday, February 19, 2004
 
Thinking Ahead

With such a tight Senate right now (51-49), losing Kerry's Senate seat in the event of a Presidential win would be a big loss for the Democrats. Under current Massachusetts law, the Governor (who is a Republican through 2006) would appoint a replacement for Kerry's seat and that replacement would serve until a special election in 2006.

Democrats in the state legislature, however, are thinking ahead and working to change the law to create a special election within a much shorter time period.

Under Article 17 of the US Constitution, governors derive the power of filling a Senate vacancy from their legislatures. Most states now give a governor that power, but several don't. Oregon law calls for a special election "as soon as practicable" with no interim appointment. Washington allows the governor to temporarily fill the vacancy, but also calls for a special election in 90 days, with a primary no less then 30 days before the final runoff.

Straus said he would like to adopt a version of the Oregon system. But Galvin raised doubts that elections, both primary and general, could be completed by late spring.




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