FL-16: GOP Rep. Foley Considers Resigns in Face of Scandal

Update (Chris): Foley resigns. This is a huge opportunity for Democrats in FL-16. Tim Mahoney is the Democratic candidate. I am hearing conflicitng information as to whether or not Floey can be replaced on the ballot. If not, that is yet one more House seat Democrats have picked up.

Update 2 (Jonathan): Netroots legal expert Adam B explains in the comments,

My first take? Under Section 100.111(4)(a) of the Florida election code, Foley can be replaced as the nominee, but his name remains on the physical ballot.

And, obvs, any new nominee would have to fundraise from scratch.

Update 3 (Chris): Tim Mahoney has $343K cash as of 8/16. The district has a partisan voting index of +2.4 Republican. Even as an open seat, this district now favors Mahoney. If Adam B is right, Foley can't be removed fromt he ballot, which would end the race today.

Update 4: In the comments, Jonathan seems to have it now:No, if I'm reading it correctly, the ballot remains unchanged (i.e. Foley v. Mahoney) but all Foley votes go to the annointed GOP replacement. If this is the case, it would be extremely difficult to get a majority to vote for Foley, even if the votes actually were goin got someone else. Adam B concurs. This seat is now "lean Dem."

Original post:

Breaking news from the AP's David Espo:

Rep. Mark Foley, R-Fla., is considering resigning from the House in the wake of questions about e-mails he wrote to a former Capitol page, congressional officials said Friday.

These officials said a decision appeared imminent.

The Los Angeles Times' Noam N. Levey has more on the back story.

Six-term Rep. Mark Foley, a member of the powerful Ways and Means Committee and chairman of the House Entertainment Industry Task Force, is being made to explain a series of e-mails he sent in 2005 in which he asked the page how old he was and requested a photo.

The e-mails, copies of which were obtained by The Times, indicate that the boy, 16, then complained to another congressional staff member, noting: "Maybe it is just me being paranoid, but seriously. This freaked me out."

Florida's 16th congressional district, which Foley currently represents, is potentially competitive, with George W. Bush having won 55 percent of the district's vote in 2004 and just 52 percent in 2000. The Democratic candidate in the district, Tim Mahoney, is fairly well funded, with almost $350,000 in the bank as of the middle of August. So if Foley does resign and can be replaced on the ballot (could someone with election law experience dig into Florida's statute?), this race will definitely become one that the Democrats should watch in the next few weeks -- and perhaps even win come November 7.

Tags: FL-16, Florida, House 2006, Mark Foley, Tim Mahoney (all tags)

Comments

69 Comments

Will not run for re-election

So I just heard on the radio. Do we already have a winner?

by molly bloom 2006-09-29 11:13AM | 0 recs
Re: Will not run for re-election

I'd like to know about being replaced on the ballot. It seems like they'd have to scramble, but a new person might get just enough coverage to still win it for the GOP just from partisan voting advantage.

by surfbird007 2006-09-29 11:15AM | 0 recs
FL Election Law

My first take?  Under Section 100.111(4)(a) of the Florida election code, Foley can be replaced as the nominee, but his name remains on the physical ballot.

And, obvs, any new nominee would have to fundraise from scratch.

by Adam B 2006-09-29 11:14AM | 0 recs
Re: FL Election Law
Does that mean another Reublican would appear on the ballot alongside Foley?
by Chris Bowers 2006-09-29 11:20AM | 0 recs
Re: FL Election Law

Yes, but any votes for Foley would count for the new Republican candidate, if I'm reading it correctly.

by BingoL 2006-09-29 11:22AM | 0 recs
Re: FL Election Law

No, if I'm reading it correctly, the ballot remains unchanged (i.e. Foley v. Mahoney) but all Foley votes go to the annointed GOP replacement. If this is the case, it would be extremely difficult to get a majority to vote for Foley, even if the votes actually were goin got someone else.

The name of any person so designated shall be submitted to the Department of State within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee's name will appear on the ballot.

by Jonathan Singer 2006-09-29 11:25AM | 0 recs
Re: FL Election Law

What you said.

by Adam B 2006-09-29 11:25AM | 0 recs
Re: FL Election Law

Wasn't Stork (running against Clay Shaw) replaced on the ballot in 2004?

I'm trying to find out but cannot remember.

by auboy2006 2006-09-29 11:48AM | 0 recs
Nevermind

Nevermind, I found it.  He was not replaced, but his votes went to someone else.

by auboy2006 2006-09-29 11:51AM | 0 recs
So Foley stays on the ballot, eh?

Here's another question.

It's usually unlawful to hand out election literature too close to polling stations on election day.

How far away would you have to be to distribute Megan's Law notices on Foley?

by Kagro X 2006-09-29 12:48PM | 0 recs
You're mean.

The question is whether any of the ballot place laws apply to someone who remains on the ballot but is not a candidate.

by Adam B 2006-09-29 01:36PM | 0 recs
Re: You're mean.

     Adam, you seem to be the go-to guy. Have the primary results been certified by the Secretary of State? Does it make any difference that Foley was unopposed in the Republican primary?

by Ron Thompson 2006-09-29 01:56PM | 0 recs
THIS IS WHY WE CONTEST EVERY FUCKIN SEAT

This is why you run someone in every seat.

One or two of these surprise scandal based resignations could tip the House.  

And... since it FLA, what are the chances the GOP will get to replace him on the ballot??? HA! Pretty high.

by jgkojak 2006-09-29 11:15AM | 0 recs
What if?

What if he gets more votes anyway?  I mean, it happened to the late Mel Carnahan (although he was more popular than Foley is likely to be after this disclosure).

by David in NY 2006-09-29 11:22AM | 0 recs
Re: What if?

Then his replacement is seated.

As I understand it (maybe I'm wrong), this is exactly like Mel Carnahan in Missouri.

Except, of course, while Carnahan's passing engendered sympathy, this will probably, well, not. Engender sympathy.

by brownsox 2006-09-29 11:27AM | 0 recs
Re: What if?

Mel Carnahan was pretty much a superstar governor in Missouri. Mark Foley hit in little boys.

by KainIIIC 2006-09-29 11:31AM | 0 recs
Re: What if?

on*

by KainIIIC 2006-09-29 11:32AM | 0 recs
Re: What if?

I'm proud to say that I voted for Mel in 2000.  The other aspect of the race, however, was that John Ashcroft's campaign was very unsure about how to proceed campaigning against a dead man and, effectively, his grieving widow.  Ashcroft backed off his negative campaign and fumbled the election.  If I remember correctly, it was pretty close with Ashcroft often leading up until that point.

With all that said, it's pretty clear that the way to proceed with the campaign is to point out, with ever so much grace and tact, that Mark Foley is a raging pedophile.

by Reece 2006-09-29 12:16PM | 0 recs
Re: What if?

"With all that said, it's pretty clear that the way to proceed with the campaign is to point out, with ever so much grace and tact, that Mark Foley is a raging pedophile."

This is hysterical.

by BBigJ 2006-09-29 01:10PM | 0 recs
Re: What if?

Re: Carnahan. Actually, his widow was not nominated by the party and Gov Carnahan won the election in Nov 2000. His widow Sen Jean Carnahan was chosen by the governor (Holden) to replace him. This is significant because Jean had to run in the next election, 2002, and lost narrowly to Talent. Had she been elected in 2000, she would still be in office today and the Dems would have held 50 seats in the Senate after the 2002 elections.

by desmoulins 2006-09-29 01:32PM | 0 recs
Re: What if?

Bob Holden was State Treasurer at the time.  It was Roger Wilson who was acting Governor (served as Lt. Governor obviously) who appointed Jean Carnahan to the Senate seat.

by BG 2006-09-30 12:22AM | 0 recs
Re: What if?

Will never happen. Carnahan died tragically and got sympathy votes. No one is going to want to cast their vote next to the name of a possible child molester. If the information here is all correct -we win this seat.

by Cleveland John 2006-09-29 11:33AM | 0 recs
hehe

I will not be satisfied with the internet as a multimedia device until I get to hear the colorful language coming from Rove's mouth at the moment he heard this news.

by BBigJ 2006-09-29 11:31AM | 0 recs
ConWis Formation

Hotline is basically calling this for the Dems and are now saying we need 14 for a majority.

by adamterando 2006-09-29 11:34AM | 0 recs
Re: ConWis Formation
Actually, with AZ-08 and TX-22, we only need 12.
by Chris Bowers 2006-09-29 11:43AM | 0 recs
i'm trying to remain cautiously optimistic...

and not count chickens before they are hatched and all... but god damn if i'm not getting really excited about this.

-C.

by neutron 2006-09-29 12:46PM | 0 recs
Re: ConWis Formation

And we might be close to it only being 11 if things go right in OH-18. We'll see what the first indy poll says.

by adamterando 2006-09-29 01:34PM | 0 recs
HA HA

And how much do you think we'll hear about this one in the MSM.  I'd guess not as much as we heard about Gary Condit.

by jgkojak 2006-09-29 11:35AM | 0 recs
Well, After All, It's In Shark Attack Country..

Look!  Over there!

by Paul Rosenberg 2006-09-29 12:11PM | 0 recs
Foley Resignation

A while back there was a post about how nasty Republicans can be in campaigning.  The comments I recall ran towards the notion that Dems needed to be prepared to be just as nasty.  This may be a chance to be nasty (if necessary).  

After all, if things are as Adam suggests and Foley's name has to stay on the ballot, for the Republicans to win, they have to get enough people to vote for an alleged attempted pedophile.  If they are going to push the button for him they should be reminded what he did.

by comotion 2006-09-29 11:36AM | 0 recs
Re: Foley Resignation

If House Dems wanted to hit hard, they should move a privileged resolution expelling him today.

Don't let him "Cut and Run!"

by Kagro X 2006-09-29 12:05PM | 0 recs
Re: Foley Resignation

You've already won the game.  No need to run up the score.

by BBigJ 2006-09-29 12:10PM | 0 recs
Re: Foley Resignation

"Think of the children!"

by Kagro X 2006-09-29 12:22PM | 0 recs
Re: Foley Resignation

yep, that's why I added the parenthetical "if necessary".

by comotion 2006-09-29 12:34PM | 0 recs
Re: Foley Resignation

But there's always a need to run up the score.

by Kagro X 2006-09-29 12:41PM | 0 recs
If the GOP and Rove are playing defense

then they ain't on the offense.

by molly bloom 2006-09-29 01:34PM | 0 recs
Re: Foley Resignation

No, in fact the partisan advantage is to let him stick around. That way he stays in the background, like a moldy banana.

by Dan Hartung 2006-09-29 06:20PM | 0 recs
Re: FL-16: GOP Rep. Foley Resigns

Guaranteed there is worse than these emails about to come out.  Ney pled guilty to a felony and didn't resign...

I'm guessing this was not the first and only page...

1 down, 14 to go!

by Professor Foland 2006-09-29 11:37AM | 0 recs
Re: FL-16: GOP Rep. Foley Resigns

CREW had the emails on their site, but it appears to be overloaded.  Must have been Lamont.

by utbrian 2006-09-29 12:43PM | 0 recs
Court TV and the legal shows

will probably be covering this as well.

This is made for sleazy and serious TV: Chairman of the House Caucus on Missing and Exploited Children resigning because of inappropriate relationship with underage boys.

This is the sort of sensational thing (that needs no sensationalizing) that gets wide play... more so than the run-of-the-mill political corruption scandal.

FYI, Mahoney is wealthy and could self-fund. The GOP may look for a self-funder to compete.

by Newsie8200 2006-09-29 11:44AM | 0 recs
Sounds like the catholic church all over again

from a friend/colleague who works on sexual abuse prevention issues:

"Often, appearing to work on behalf of children is the best cover."

So a heads up and warning to every one with children, nieces and nephews.

by northcountry 2006-09-29 11:55AM | 0 recs
this will

change the news cycle for a day, eh?

A Congressional seat here, a congressional seat there, pretty soon we're talking...real numbers.

by kid oakland 2006-09-29 11:56AM | 0 recs
So, What If It Turns Out Burns Is An Arsonist?

Just sayin.  You know.  

If poetic justice were to escalate from the House to the Senate, this would be the perfect manifestation, after his badmouthing of firefighters.

Plus, he's got the perfect name for it.

by Paul Rosenberg 2006-09-29 12:21PM | 0 recs
more on this story - AIM

From ABC's blog:

Hours earlier, ABC News had read excerpts of instant messages provided by former male pages who said the congressman, under the AOL Instant Messenger screen name Maf54, made repeated references to sexual organs and acts.

by Jeffrey Feldman 2006-09-29 12:00PM | 0 recs
Al Gore's Secret Weapon Strikes Again!

Oh, those cruel, cruel internets!

by Paul Rosenberg 2006-09-29 12:30PM | 0 recs
Re: Al Gore's Secret Weapon Strikes Again!

Cruel indeed.  I'm no lawyer, but I am fairly sure that talking about sexual acts with a minor on AIM warrants attempted rape charges. When I served on Grand Jury duty we heard a bunch of these cases.  

So much for Bush's big day of talking about the War on Tara--gotta make sure you've got your sexual predators in line before you can control the news cycle.

by Jeffrey Feldman 2006-09-29 12:35PM | 0 recs
Triple Threat!

It's not just the sexual predators.  The Allen racism story got another boost, as a formerly anonymous source has come out into the open, with added details, and there's more revelations about Abramaoff connections to the WH via Rove and Mehlman.

Now, that's the sort of moral context we want for a discussion of the pro-torture GOP.

by Paul Rosenberg 2006-09-29 03:24PM | 0 recs
HOUSE FORCAST

NEED ANOTHER UPDATE :)

by del 2006-09-29 12:12PM | 0 recs
Resigns in Face of Scandal

Kojak makes a good point in this thread above.   Howard Dean's 50-state strategy pays off in situations like this.  You can't win nothin' if you don't have a candidate in the race....

by global yokel 2006-09-29 12:17PM | 0 recs
Put him in Jail.

I really love this.  The high priests of morality and religious values take off their masks, and, guess what! they're evil fucks.

This dude was the chairman for the House Caucus on Missing and Exploited Children, for Christ's sake.  Maybe he missed the point of the caucus--maybe no one told him that it wasn't about how to make children disappear or how to exploit them.  

I hope the DA in DC prosecutes him, and he enjoys some prison time.  People who prey on children don't do it just once or twice, and this isn't just hitting on a coworker.

by Reece 2006-09-29 12:25PM | 0 recs
yeah that kind of skeeves me out too...

the House Caucus on Missing and Exploited Children?
yipe.

Makes me wonder if it isn't the wolf guarding the henhouse.

but I will say this, good on him for resigning with honor rather then trying to play it out.

I can only guess that this is indicitive of some more major stuff that would have eventually came out and buried him... I can only guess that because i'm a cynical bastard.

but still good on him for doing the right thing.

-C.

by neutron 2006-09-29 12:48PM | 0 recs
Re: FL-16: GOP Rep. Foley Resigns
Chris,
Does this move FL-16 to Tier 0 in your House Forecast, and therefore change the prediction to 18-24?
by Fran for Dean 2006-09-29 12:27PM | 0 recs
What's that famous saying?

something about a dead girl or a live boy....

by brooklyngreenie 2006-09-29 12:40PM | 0 recs
Re: What's that famous saying?

It's supposed to be a joke - that some congressmen are safe for re-election unless they fail the live boy / dead girl test.  Rep. Condit failed the dead girl test; Foley failed the live boy test.

by CA Pol Junkie 2006-09-29 01:15PM | 0 recs
Gov. Edwin Edwards of Louisiana

...claimed he could never be defeated except under those circumstances, but something about a riverboat casino, I think it was, got to him anyway.

by stevehigh 2006-09-29 01:51PM | 0 recs
data?

Anyone know the demographics of the district?

One of my co-workers, who is from FL and cuban, said that her parents and grandparents would vote R even in this situation.  It's gotta lean dem, but I'm not sure that I would call it a sure thing without some demographic break down showing what number of people there are hard "R"s

Quick census data:
about 640k people, 40k born in latin america.  I would guess a significant number from Cuba.

http://factfinder.census.gov/servlet/QTG eoSearchByListServlet?ds_name=DEC_2000_1 09S&_lang=en&_ts=66293689812

But I really don't have a clue.  :)

by dansomone 2006-09-29 12:50PM | 0 recs
Re: data?

dccc.org says Kerry got 46%.  It sounds like a typical GOP gerrymandered district - just Republican enough to be hard for a Democrat to win against an incumbent or even as an open seat.  Of course, it's Democratic enough that this scandal should push Mahoney over the top and he'll have a shot at holding the district as an incumbent in 2008.

by CA Pol Junkie 2006-09-29 01:19PM | 0 recs
Re: data?

It's conservative. Foley won 79% in 2002.

by misscee 2006-09-29 02:19PM | 0 recs
Re: data?

But Foley was not, in fact, very conservative. Classic case of a moderate Republican in a mixed district with an incumbency advantage.

Vote-Smart shows him pro-gun, anti-immigrant, but splitting the difference on abortion.

Up to this point I'd have thought he was basically a good guy, too.

Bottom line, I think this is winnable -- a toss-up or better.

by Dan Hartung 2006-09-29 06:32PM | 0 recs
Re: data?

There is more data on the district here:

5.8% African-American
10.1% Hispanic

2000 results with current boundaries: Bush 51.7% - 46.4% Gore

by CA Pol Junkie 2006-09-29 01:36PM | 0 recs
Replacements?

Who will the Republicans nominate? The only possible choices with the slightest of chances are known state legislators or very rich self-funder.

The 16th CD belongs mostly to the FL senate districts 17, 25, 27, 28 and 39. Senators for districts 27 and 39 are Democrats.
CQ calls Sen. Atwater (district 25) as possible replacement, but he lives in North Palm Beach, which I think is not located in the 16th CD.
Senator for the 17th district is Majority Whip JD Alexander, but he lives in Lake Wales (Polk County) - outside the 16th CD.

That leaves Senator Ken Pruitt (district 28) from Port St. Lucie, which should be in the 16th CD. Ken Pruitt has a 100% rating from FL Right to Life (1998), 93% from the FL Christian Coalition (2005/2006), 95% from the FL Chamber of Commerce (2006), 19% from the LCV (2004), A from the NRA (2002) and 44% from the FL AFL-CIO.

Atwater has a 97% rating from the FL chamber of Commerce, 100% from the FL Christian Coalition, 33% from the LCV, B from the NRA and 48% from the AFL-CIO.

Both sound pretty awful...

by micha1976 2006-09-29 01:27PM | 0 recs
by misscee 2006-09-29 01:54PM | 0 recs
Go to the source

Instead of all this supposition on whether or not Foley can be replaced, just check with the experts at the Secretary of State's office who understand Florida Election law.

What?  Oh.  Right

Nevermind...

by ImaJoeBob 2006-09-29 02:09PM | 0 recs
Re: FL-16: GOP Rep. Foley Resigns

wow. you know, I'm not ususally one for schadenfreude, but damn, this really made my day a lot better.

by johnny longtorso 2006-09-29 02:31PM | 0 recs
Re: FL-16: GOP Rep. Foley

ahahaha... now Mark Foley is officially a double-meaning "Chicken Hawk":

1. A Gay term for an older man that constantly chases after younger men typically in their 20's.

2. Someone who avoids going to war or fighting in his lifetime, but still advocates that the war is necessary.

http://www.urbandictionary.com/define.ph p?term=Chicken+Hawk

hahahaha

by KainIIIC 2006-09-29 03:05PM | 0 recs
Re: FL-16: GOP Rep. Foley Considers Resigns

The rumors about Foley being gay were pretty strong, but I'd never come across anything like this. This is just flat out disgusting.

Pelosi & Emanuel need to make damn sure that any Repub who took (or will take) Foley money is forced to make a public reckoning.

by blueflorida 2006-09-29 03:45PM | 0 recs
Torture Foley. It's Legal Now.


  Another Republican "family-values" jackass shows his true colors. How many times have we seen this?

 What is it about the Republican Party that attracts such sickening, craven dirtbags to its ranks?

 Wish it had been Santorum. But who knows, it might still be...

 

by Master Jack 2006-09-29 03:47PM | 0 recs
Re:

And Jim Davis and the Florida Democratic Party need to re-christen the Florida GOP as the Katherine Harris-Mark Foley Republican Party.

by blueflorida 2006-09-29 04:03PM | 0 recs
Wait 'til Diebold helps him win

Then the GOP will have to explain how a sex offender won in the South.

It's fair to assume they'll offer up that this guy Mahoney  was weak on defense and lost the values vote.

by jcjcjc 2006-09-29 07:10PM | 0 recs

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