Should Gabrielle Giffords Lose her House Seat?
StarrGazerr
2011/01/18 00:28:42
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20 votes
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6 votes
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19% | ||
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6 votes
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19% | ||
Everyone in this country, whether Liberal or Conservative, is united in our hopes for a full and speedy recovery by shooting victim Congresswoman Gabrielle Giffords. Despite her remarkable progress so far, however, under Arizona law it is possible that she could be removed from office if she cannot discharge her duties within the next few months. On the one hand, it is not nonsensical to make sure that every American has a representative in Congress. But on the other hand, given the circumstances involved, I doubt that many Arizonans would feel deprived if Ms. Giffords has a little more time to recover. What do you think?
{{Note - I am NOT suggesting that anyone is advocating this at present.}}
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Excerpt from the article:
Giffords may lose seat under Arizona rules: report
By Daniel Tencer
Monday, January 17th, 2011 -- 6:37 pm
Nine days after sustaining a gunshot wound to the head, Rep. Gabrielle Giffords (D-AZ) is once again able to smile, doctors reported Monday, but the three-term representative could find herself out of the US House, thanks to a little-used Arizona regulation.
According to a state statute unearthed by the Washington Post, a House representative is deemed to have "vacated" their office if the person holding that office ceases "to discharge the duties of office for the period of three consecutive months."
If Giffords is found to have "vacated" her office, Arizona Governor Jan Brewer is required under state law to call a special election to replace the representative.
Even though doctors appear stunned at the pace of Giffords' recovery, saying that she may leave hospital in "a matter of days to weeks," it's unlikely she would be able to resume the full duties of her office within 90 days of the shooting.
As the Post reports, it's not entirely clear from the statute's wording what would be defined as failing to "discharge the duties of office" -- whether, for instance, not voting in the House for three months would meet the requirement.
But individuals close to Gov. Brewer -- who was made aware of the statute on Monday -- suggested the Republican would not look to replace Giffords in a special election.
"We've deemed it to be far too early and entirely inappropriate to speculate, analyze, consider," deputy chief of staff Paul Senseman stated.
For the full article, see the link below:
{{Note - I am NOT suggesting that anyone is advocating this at present.}}
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Excerpt from the article:
Giffords may lose seat under Arizona rules: report
By Daniel Tencer
Monday, January 17th, 2011 -- 6:37 pm
Nine days after sustaining a gunshot wound to the head, Rep. Gabrielle Giffords (D-AZ) is once again able to smile, doctors reported Monday, but the three-term representative could find herself out of the US House, thanks to a little-used Arizona regulation.
According to a state statute unearthed by the Washington Post, a House representative is deemed to have "vacated" their office if the person holding that office ceases "to discharge the duties of office for the period of three consecutive months."
If Giffords is found to have "vacated" her office, Arizona Governor Jan Brewer is required under state law to call a special election to replace the representative.
Even though doctors appear stunned at the pace of Giffords' recovery, saying that she may leave hospital in "a matter of days to weeks," it's unlikely she would be able to resume the full duties of her office within 90 days of the shooting.
As the Post reports, it's not entirely clear from the statute's wording what would be defined as failing to "discharge the duties of office" -- whether, for instance, not voting in the House for three months would meet the requirement.
But individuals close to Gov. Brewer -- who was made aware of the statute on Monday -- suggested the Republican would not look to replace Giffords in a special election.
"We've deemed it to be far too early and entirely inappropriate to speculate, analyze, consider," deputy chief of staff Paul Senseman stated.
For the full article, see the link below:
Read More: http://www.rawstory.com/rs/2011/01/giffords-lose-s...
Top Opinion
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No, let her keep her seat.
+4Unless she is incapable of continuing her duties after she has recovered there is no reason for her not to keep her seat. She's on medical leave ... give her time to heal.
i assume there will be someone in her place while she is recovering....i don't know
But I do agree we should give her all the time she needs to recover.
so time will tell really
My sincere hope is she will be able to discharge her duties and it would be a most welcome way to spit in the eye of those who would condone this kind of violence!
I'm looking forward to the day when Rep. Giffords returns to the House and a standing ovation. Let it be soon.
I think Brewer calling a special election on day 91 would be going against the intent of the law, especially in light of its ambiguous language, but at some point, if she cannot fulfill her duties (and we hope she can), that would be something the governor would be right to look at... hmmm.
Duh!
To the extent that your post suggests that politicians have attempted to manipulate the membership of Congress I do agree with you, and I make no attempt to claim that it's only one party that does it. But it's one thing to want to; it's another to single handedly do it.
Would it not be remiss of her as governor not to look at legal options available?
The post above is exactly that and very consistent!