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.

Tags: constitution, Ga Sen, Martin; Chambliss (all tags)

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4 Comments

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I doubt it

I think what you are referring to in Louisiana was a law that proposed to move the congressional vote to October and runoff to election day that was ruled unconstitutional.

The ruling did NOT find the runoff, unconstitutional, only moving the dates early. Louisiana still has a run-off.

by bushsucks 2008-10-26 10:14AM | 0 recs
Georgia_normal
Run-offs in Georgia have been on the books...

...For a decent while.

If they haven't been ruled unconstitutional by now, then they probably aren't.

by Andre Walker 2008-10-26 10:44AM | 0 recs
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Re: GA Sen: Would a December Runoff be unconstitut

Article I, Section 4, clause 1:

The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such regulations, except as to the Places of chusing Senators.

And Art. IV, Section 4, clause 1's 'guaranty' of a Republican form of government to each state seems to protect the prerogatives of state legislatures to set the procedures for choosing Senators, and I don't believe there is any set date for such an announcement in the Constitution for any congressional office (special elections and recounts would be problematic otherwise).

by Jay R 2008-10-26 11:57AM | 0 recs
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Re: GA Sen: Would a December Runoff be unconstitut

wow - so it's actually quite possible that a special election in december, with the nation's undivided attention, may determine whether the dems get 60 seats

by obsessed 2008-10-26 12:59PM | 0 recs

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