Is Taft Required to Call Special Election?
by Kevin
Interesting Op-Ed by Jonathan L. Entin – a professor of law and political science at Case Western Reserve University – in today’s Plain Dealer: Law is clear: Taft must call special election.
Entin argues that both Ohio and US constitutions require – they use the word “shall” – Taft to call an election:
This language leaves the governor no choice. He must act. The Ohio Supreme Court made that clear in 1935, when Gov. Martin L. Davey refused to call a special election after the death of Congressman Charles V. Truax. The court said an election was “mandatory,” although the governor had broad discretion to choose the date.
He discusses why the Governor decided not to: cost, confusion, politics, etc. and argues that if the Governor called for an special simultaneous election in November the district could select a person to fill out the term as well as a congressional representative to serve beginning in January 2003.
I don’t think that is going to happen but he makes a strong case . . .