GA Sen: Would a December Runoff be unconstitutional?
by Luxembourg, Sun Oct 26, 2008 at 09:56:13 AM EDT
Given the presence of a Libertarian candidate who is gaining a lot of traction in the Georgia Senatorial race this year, there has been a lot of talk about a potential December runoff between Chambliss and Martin. Georgia election laws demand that a runoff between the two biggest voter getters be organized in December, if no candidate receives 50% + one vote in November.
If I remember correctly, the Lousiana practice (that is based on the Code Napoléon) of having a December runoff of this kind in Congressional and senate races was struck down since it does not comply with the US constitution.
Apparently the US constitution demands that congressional and senatorial winners be announced on a certain date.
Would thus a December runoff in Georgia be unconstitutional?
I am no expert on the constitution, and wonder if any one of you might know.






