September 29, 2006

Foley Resigns, Now What?

You may or may not have seen the news that Congressman Mark Foley just resigned.

So people are wondering, now what happens in that election?

The key right now is whether or not the Florida primary election has been certified or not. A call to the Florida elections office yielded a "I don't know, I'll get back to you" response. If not, things get really wacky.

My reading of the Florida election law (and I'm not a lawyer, so consider this with a grain of salt) is this is what happens.

Foley would stay on the ballot. The Florida GOP comes up with another candidate, and votes for Foley will count for the new nominee, who won’t be on the ballot!!

If you want to read this for yourself, go to Chaper 100.111 (4) of the Florida election laws (.pdf). Go to page 31 of the pdf file.

5 PM UPDATE. The Florida election results have been certified. Talk about a tough sell for Republicans!

Posted at David Keating at 3:50 PM | TrackBack

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» The Rep. Mark Foley Replacement and the Election Law Issues from Election Law
Given the news that Rep. Foley has unexpectedly resigned from Congress and withdrawn from his race for reelection, the question of whether he can be replaced as a candidate is one governed by state law, in this case, Florida. As... [Read More]