NE1: Vacancy Mitigation Act [Signed]

[Ѕenator Αverroës]

Vacancy Mitigation Act of 2012

1. When a vacancy occurs in the Northeast Assembly, the Governor shall have the power to appoint an Interim Representative.

2. Interim Representatives have the same powers as elected Representatives.

3. Interim Representatives serve until a special election to fill the vacancy is held and a new elected Representative is sworn in.

4. The Assembly may expel an Interim Representative by a majority vote of elected Representatives.

Sponsor: Averroës Nix
Debate time: 72 hours

[Simfan34]

I am opposed to gubernatorial appointments to the legislature.

[Ѕenator Αverroës]

I am opposed to gubernatorial appointments to the legislature.

Even temporarily? Vacancies are common in the regional legislatures. Would you be willing to support any other mechanism by which to fill them?

[Simfan34]

I am opposed to gubernatorial appointments to the legislature.

Even temporarily? Vacancies are common in the regional legislatures. Would you be willing to support any other mechanism by which to fill them?

I think elections are enough. However I could support this bill if there was a restriction on interim, appointed, representatives running to fill the vacancy they currently occupy. Otherwise there shall be an unfair advantage, I think.

[Governor Scott]

I share Simfan's concerns with this idea.  If a right-leaning rep. leaves office, then a left-wing governor would be able to appoint simply whoever agrees with him most, and vice-versa.

[Ѕenator Αverroës]

Scott: That's why I gave the Assembly a check, allowing them to expel the Interim Representative at will.

Here's another idea for consideration if my fellow Representatives find my initial proposal unacceptable: What if the seat were temporarily handed to the runner-up from the last regular or special election?

Let me be clear: I do want to continue holding special elections, but vacancies are too frequent to leave the seat unfilled for over a week every time someone ascends to the Senate/Governorship/Cabinet or doesn't show up after they've been elected. How we fill that seat does not matter so much to me.

[Senator Napoleon]

I hate to come off as the playground bully but I will veto anything that treats election losers as if they were election winners.

I hated this idea when they tried to pull it after Homely resigned, and I still hate it. Winning a special election is valid, being appointed by an elected official is valid, losing an election- that is the definition if invalid, with regards to democracy. Just No!

I am comfortable with the proposal as it stands.

[Rep Pyrofox]

Simfan and I share the same concern. But vacancies are an issue.

How about if us, the Assembly, are given the power to appoint a temporary representative through majority vote?

[Ѕenator Αverroës]

I'm willing to write or accept an amendment to that effect, as long as we have support from at least one other Rep and the Governor. Napoleon? Winfield? Simfan?

[Senator Napoleon]

I do not foresee a situation arising for the duration of my term where I would need to make use of this power, so it is not for any selfish concern, but I would prefer the Governor be the one to make a vacancy appointment.

[Ѕenator Αverroës]

As would I, but I don't see the support here for allowing gubernatorial appointments.  Would you veto legislation allowing the Assembly to make the determination?

Rep. Simfan, if you are out there: Why do you think an Interim Representative would have an unfair advantage as a candidate in a special election? I'd be willing to bar Interim Reps from running, but I doubt that there'd be enough interest to fill vacant positions under those terms.

[Senator Napoleon]

The re would have to be a declaration period followed by a vote if we give the Assembly that power. At that point we are pretty much at the election, making this legislation useless.

[Ѕenator Αverroës]

We could have a 24-hour period of "freestyle" nominations and votes. But that's also messy, as such a small interval of time doesn't guarantee that all members will have an opportunity to vote.

What about appointments by the Speaker (who, after all, was already elected by members of the Assembly)?

[Senator Napoleon]

I will wait for Winfield to chime in and for Simfan's response. I am sure we can come to an agreement on a workable approach.

[Simfan34]

As would I, but I don't see the support here for allowing gubernatorial appointments.  Would you veto legislation allowing the Assembly to make the determination?

Rep. Simfan, if you are out there: Why do you think an Interim Representative would have an unfair advantage as a candidate in a special election? I'd be willing to bar Interim Reps from running, but I doubt that there'd be enough interest to fill vacant positions under those terms.

The advantage of incumbency, if even fleeting, is to me obvious- one can simply be reelected. The proposed amendment is somewhat better.

[Ѕenator Αverroës]

There's an advantage of establishment support - certainly (but this would remain true anyway). And I suppose that an Interim Representative who excels might win the support of the elected Reps (but what's wrong with that?).

But otherwise, I don't understand why incumbency provides a significant advantages in this case. Typically Assembly elections are motivated by partisanship and personal favorability, with very little in the way of campaigning. As the Interim Rep's incumbency won't even be noted on the ballot, I doubt that most voters will even be conscious of it.

[Simfan34]

I think you underestimate the average Northeast voter, Mr. Speaker.

[Ѕenator Αverroës]

I hope so! But I still don't understand where the "unfair advantage" would come from, Rep. Simfan.

[Simfan34]

I hope so! But I still don't understand where the "unfair advantage" would come from, Rep. Simfan.

Incumbency, and a record of having actually served recently. Surely that provides a compelling narrative, and I don't consider it proper for a person to gain that advantage via appointment.

If you consider what you say about "partisanship and personal favorability" to be true, why not hold special elections sooner?

[Ѕenator Αverroës]

An advantage, but an unfair one?

Perhaps someone else could do just as well or better as a Representative, if given the opportunity... but the voters are still the group making the determination.

[LINCOLN REPUBLICAN]

In order that a vacancy be filled as quickly as possible, I have no issue with the Governor making an appointment.  If a Representative is to be appointed, the only one who should be appointing that individual is the Governor, whomever the Governor may be at the time.

The Assembly should have no jurisdiction over Assembly appointments.  The Speaker has certain rights, but Assembly appointments should not be one of them. 

If the appointee chooses to run in the ensuing Assembly election for a full term in the Assembly, then so be it.  That's democracy.  There is no way we should be dictating to that person that they cannot run for a full term.  To me, that goes against the meaning of democracy.

If a vacancy occurs early in the session, then I say by all means, it can be filled by gubernatorial appointment.  If it is late in the session, the Governor can use his wisdom and choose not to make an appointment, but wait until the election to have the vacancy filled in the election.

Time permitting, I would prefer to see a vancancy filled by a special election, however, I have seen, certainly from my time as Governor, that due to election and notification requirements, this can be a lengthy process.

Vacancy occurs, Governor appoints, special election takes place, time permitting.         

[Ѕenator Αverroës]

Rep Winfield, thank you for your support of my initial proposal.

Rep Simfan, I'm not sure whether holding special elections more promptly would leave a wide enough window for candidates to announce. And while active campaigning is rare in Assembly elections, I don't want to discourage it. I do believe that voters are more likely to vote for a candidate who campaigns when campaigning actually occurs. I know that I am.

Rep Pyrofox, are you willing to support the legislation as it stands despite your concerns? I don't think there's a workable alternative.

EDIT: Simfan, I think that Winfield presents a strong response to your concerns about unfairness.

[Rep Pyrofox]

No, I cannot support this. The slope is already slippery enough concerning appointments, something which I'm generally against. Assembly appointments I would consider, as I believe that would be more representative of the peoples' will, but Gubernatorial ones, even if temporary, are out of the question.

[Senator Napoleon]

I hate slippery slope arguments in most cases but if they are to be used I would say a worse precedent is to start giving the Assembly power to appoint that could extend to CJO and other offices.

Democracy will be how vacancies are filled: special elections. I don't find Assembly appointment practical. Having appointments or not having appointments is acceptable but if we choose to have appointments I agree with Representative Winfield.

[Ѕenator Αverroës]

I don't understand what you mean by "slippery slope." Would you mind elaborating?