Mideast Constitutional Amendment: Vote Tracker/Discussion

[tmthforu94]

Voting has now opened on the Lt. Governor amendment (and in the nick of time, too!)

With all of the new activity that has come to our region, we were able to come up with a version that has received support from all sides. It will certainly be a work in progress, and I'm sure they're will be some amendments made to it as time progresses, but this amendment is a great first step for our region.

I urge all Mideasterners to vote AYE!

[tmthforu94]

In a surprise (to me, anyways), the amendment has passed narrowly, 18-9!

[Queen Mum Inks.LWC]

Yay!  I don't have to potentially become Governor anymore!

[Talleyrand]

Does a new Lt. Governor need to be appointed, or will the position remain vacant until the next election?

Tmth will appoint someone, who will then face Assembly confirmation.

[Warren 4 Secretary of Everything]

Does a new Lt. Governor need to be appointed, or will the position remain vacant until the next election?

Not to seem opportunistic , but the next election isn't for another 3 1/2 months, one should probably be apportioned.

[Gass3268]

Any idea on when we will see an appointment?

[tmthforu94]

Any idea on when we will see an appointment?

Soon. Very soon. I am currently contacting prospective candidates.

[Queen Mum Inks.LWC]

Is that the correct interpretation of the amendment?  The language says "fall vacant"; here, it is being created vacant.  I'm not sure that that would fit under "fall vacant".  Not that I care either way - just throwing that out there.  (We haven't had a court case in a while, you know.)

[ZuWo]

I agree with Inks. I don't think the text of the newly passed constitutional amendment requires the Governor to appoint a Lt. Governor now. Indeed, according to my interpretation of the amendment the first Lt. Governor of the Mideast will be the one we are going to elect with the Governor in May. At any rate, I would like to hear what our regional judge, TJ, has to say on this.

[SUSAN CRUSHBONE]

I think Inks has it right.

[Talleyrand]

It depends on whether we consider this an instance of the position "falling vacant" or not, it seems. Since the bill is in effect and the position has been officially re-established, why don't we just treat this as case where we had an LG who happened to resign around this time?

[tmthforu94]

Not my interpretation. It says if the position becomes vacant, I appoint someone. At whatever time last night when the amendment officially passed, the position was re-instated and instead of being extinct, became officially vacant, requiring a replacement. I have 36 hours from when when the amendment passed to name someone to the position, and I fully intend to.

[ZuWo]

Well, we'll know more as soon as TJ chimes in.

[TJ in Oregon]

My initial interpretation of the amendment is that the clear intent of the wording is such that the governor will make an appointment for the position of Lieutenant Governor in the event of a vacancy, even though its literal meaning does describe the vacancy as a "fall". The literal meaning of this cannot be taken as its intent unless an alternate course of action was laid out in the case of a vacancy that was not caused by a "fall" into vacancy or some presumption of an alternate state that should be applied to this; for instance I find it difficult to presume that the office of Lieutenant Governor is intended to be vacant unless the vacancy is caused by a resignation. Or if we had an election and no one ran for Lieutenant Governor, that vacancy would also not literally result from a "fall".

I am open to arguments on the topic and my comment here does not necessarily mean it would be my ruling if such a case were to come before me. But if there is no suit and my general opinion is wanted, I believe an appointment should be made.

[ZuWo]

At least as far as I'm concerned, there will not be a lawsuit. My opinion on this matter differs from yours and the governor's - in my view the prerequisite for a vacancy is that someone previously held the office in question - but I'm fine with your general opinion. The most important to me was that we could hear what the representative of our judicial branch has to say before we proceed on this matter. And this is the case now.

[Queen Mum Inks.LWC]

At least as far as I'm concerned, there will not be a lawsuit. My opinion on this matter differs from yours and the governor's - in my view the prerequisite for a vacancy is that someone previously held the office in question - but I'm fine with your general opinion. The most important to me was that we could hear what the representative of our judicial branch has to say before we proceed on this matter. And this is the case now.

If I have time, I may file suit.  TJ really hasn't had much to do... why not put the position to use?

[Warren 4 Secretary of Everything]

At least as far as I'm concerned, there will not be a lawsuit. My opinion on this matter differs from yours and the governor's - in my view the prerequisite for a vacancy is that someone previously held the office in question - but I'm fine with your general opinion. The most important to me was that we could hear what the representative of our judicial branch has to say before we proceed on this matter. And this is the case now.

If I have time, I may file suit.  TJ really hasn't had much to do... why not put the position to use?

If the position was want to not be filled yet, the amendment should've had it take affect when the next Governor is sworn in in May. There's still 3/4 of a term left.

[Queen Mum Inks.LWC]

At least as far as I'm concerned, there will not be a lawsuit. My opinion on this matter differs from yours and the governor's - in my view the prerequisite for a vacancy is that someone previously held the office in question - but I'm fine with your general opinion. The most important to me was that we could hear what the representative of our judicial branch has to say before we proceed on this matter. And this is the case now.

If I have time, I may file suit.  TJ really hasn't had much to do... why not put the position to use?

If the position was want to not be filled yet, the amendment should've had it take affect when the next Governor is sworn in in May. There's still 3/4 of a term left.

How can something that was never filled "fall vacant"?

[Warren 4 Secretary of Everything]

At least as far as I'm concerned, there will not be a lawsuit. My opinion on this matter differs from yours and the governor's - in my view the prerequisite for a vacancy is that someone previously held the office in question - but I'm fine with your general opinion. The most important to me was that we could hear what the representative of our judicial branch has to say before we proceed on this matter. And this is the case now.

If I have time, I may file suit.  TJ really hasn't had much to do... why not put the position to use?

If the position was want to not be filled yet, the amendment should've had it take affect when the next Governor is sworn in in May. There's still 3/4 of a term left.

How can something that was never filled "fall vacant"?

It would kinda be a failure on the part of the Assembly for being so vague. But I believe their intent was for the Governor to nominate someone to fill it, and then someone would officially run for it in May.

[Kaine for Senate '18]

It fell vacant when it came into existence.  That's my interpretation.

[Queen Mum Inks.LWC]

It fell vacant when it came into existence.  That's my interpretation.

A fall is a type of change in condition; there is no change in condition here.

[tmthforu94]

It fell vacant when it came into existence.  That's my interpretation.

A fall is a type of change in condition; there is no change in condition here.

Yes there is - it went from being nonexistent to existent. It fell vacant the second the amendment passed.

[🐒Gods of Prosperity🔱🐲💸]

The Lt. Governor is defined at the beginning as someone elected with the Governor.  Thus, the office is not yet in existence, only provided for by law.