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Mississippi Dems threaten battle over special election date |
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By Aaron Blake
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Posted: 11/26/07 03:35 PM [ET] |
The timing of Sen. Trent Lott’s (R-Miss.) resignation has opened legal questions about the date of the ensuing special election, and state Democrats might fight for a date earlier than what the Republican governor is proposing.
Gov. Haley Barbour said in a statement Monday that he would schedule the special election for the same day as the November 2008 general election. State law, however, appears intended to require an earlier date if Lott retires this year, as he said he would.
The Mississippi secretary of state’s office said early Monday that state law appeared to require a special election within 90 days if Lott retires in 2007. After consulting with lawyers, however, a spokesman said the secretary of state concurred with Barbour based on a technicality in the letter of the law.
In an exception to the 90-day rule, the law says the governor “shall designate” the special election for the same day as the general election if a vacancy occurs the same calendar year as a statewide election. Mississippi had a statewide election earlier this month, so Barbour would be setting the special election for the next statewide election in 2008.
The secretary of state in Mississippi is Eric Clark, a third-term Democrat. His spokesman agreed that Barbour was using a technicality.
“That’s exactly what it is,” spokesman Kell Smith said. “And we agree with that.”
The Mississippi Democratic Party, however, said it expects Barbour to call an earlier election.
The law “makes clear that if Sen. Lott does indeed resign during this calendar year, as stated, then Gov. Barbour must call a special election for within 90 days of making a proclamation — which he must issue within 10 days of the resignation — and not on Nov. 4, 2008, as he has announced he intends to do,” state Democratic Chairman Wayne Dowdy said.
By resigning in 2007, Lott sneaks in under the wire for the extended ban on lobbying Congress by former members.
If Lott were to wait and retire in 2008, the law clearly allows for the special election to be held the same day as the general. Of course, Lott would then be subject to the new two-year ban on lobbying his former colleagues, instead of the current one-year ban.
An earlier special election would likely produce smaller turnout, which would probably benefit Democrats in an overwhelmingly GOP state with a concurrent presidential election.
Either way, Barbour will be required to appoint someone within 10 days to fill the vacancy until an election can be held.
Barbour said in the statement that he would not appoint himself and that he would not run in the special election.
Analysts believe a competitive general election would depend on the candidacy of former Attorney General Mike Moore (D) and, to a lesser extent, current Attorney General Jim Hood (D).
Moore served four terms as attorney general, ending in 2004, and earned fame for filing a lawsuit against the tobacco companies in the 1990s. He was floated as a possible candidate if Sen. Thad Cochran (R-Miss.) retired this year, but Cochran announced earlier this month that he will run again.
Hood was the only Democrat elected to statewide office this month. Another potential Democratic candidate is former Gov. Ronnie Musgrove (D), whom Barbour unseated in 2003.
Rep. Gene Taylor (D-Miss.) is not expected to be a candidate, but the two Republicans in the state delegation are both considered possibilities.
Rep. Chip Pickering (R-Miss.) has long been seen as a potential senator, but his own retirement announcement this year makes that appear less likely. Rep. Roger Wicker (R-Miss.), a seventh-term member, is also a possibility.
Other Republicans mentioned include businessman Jim Barksdale, who headed a commission to lead the recovery after Hurricane Katrina, and outgoing Lt. Gov. Amy Tuck, who was term-limited in the 2007 election.
Democrats were hopeful they can contend for the seat.
“In 2008, Mississippi, like so many other red states, presents a rare opportunity for Democrats, and we look forward to running a competitive race,” said Sen. Charles Schumer (N.Y.), the chairman of the Democratic Senatorial Campaign Committee.
The National Republican Senatorial Committee (NRSC) is awaiting word on the timing of the special election.
“We are confident that voters in Mississippi will continue Sen. Lott's legacy, and we will work closely with Gov. Barbour and state officials to provide any necessary support,” said NRSC Chairman John Ensign (Nev.).
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