If Ted Stevens is reelected and then convicted...
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  If Ted Stevens is reelected and then convicted...
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Author Topic: If Ted Stevens is reelected and then convicted...  (Read 1103 times)
Stranger in a strange land
strangeland
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« on: October 06, 2008, 09:08:06 PM »

Let's say Ted Stevens is reelected in November. Then, a few weeks later, he's found guilty in his corruption trial and sentenced to prison. Can he retain his seat or will he have to forefit it?
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Sam Spade
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« Reply #1 on: October 06, 2008, 09:14:11 PM »

Pretty sure that the result is:

1) If he resigns before his term is up, Palin can either choose to appoint someone for the remainder of that term;
2) Regardless, when the new term begins, Palin/Parnell can appoint a person to fill the seat vacated, even though he won the seat.  He still won the election - he just can't take office.  Of course, that seat would be up sometime in the next two years or so.
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© tweed
Miamiu1027
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« Reply #2 on: October 06, 2008, 09:33:10 PM »

is he allowed to serve in the Senate from jail?
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Sam Spade
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« Reply #3 on: October 06, 2008, 09:36:33 PM »


Unless the Senate expelled him (which they probably would), yes.
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Nym90
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« Reply #4 on: October 06, 2008, 09:42:10 PM »


Unless the Senate expelled him (which they probably would), yes.

Yup. He'd become the Senate's Jim Traficant.
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Nutmeg
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« Reply #5 on: October 07, 2008, 01:03:00 AM »
« Edited: October 07, 2008, 01:10:05 AM by Nutmeg »

Pretty sure that the result is:

1) If he resigns before his term is up, Palin can either choose to appoint someone for the remainder of that term;
2) Regardless, when the new term begins, Palin/Parnell can appoint a person to fill the seat vacated, even though he won the seat.  He still won the election - he just can't take office.  Of course, that seat would be up sometime in the next two years or so.

After the Murkowski incident, Alaskans took that privilege away from the governor by approving this ballot measure in 2004:

This measure would repeal state law by which the Governor makes a temporary appointment of a person to fill a U.S. Senate vacancy until a special or regular election can be held. Under existing law the seat remains vacant until an appointment is made. Under the initiative the seat would remain vacant until the eletion is certified and the Senate meets. Existing law provides that a special election will be held within 60 to 90 days to fill a vacancy unless the vacancy occurs within 60 days of the primary election for that seat. This initiative does not change that provision. Should this initiative become law?

Result:
    YES - 165017 - 55.59%
    NO - 131821 - 44.41%
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minionofmidas
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« Reply #6 on: October 07, 2008, 04:23:48 AM »

If he were a Congressman: If convicted, even if not sentenced to jail time, he could remain a Representative but not vote in committee and not speak on the House Floor, until and unless the House Ethics Committee clears him to do so. He could still vote in House roll calls and pay his staffers.
I would guess the Senate has similar rules.
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jimrtex
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« Reply #7 on: October 10, 2008, 06:02:26 PM »

Let's say Ted Stevens is reelected in November. Then, a few weeks later, he's found guilty in his corruption trial and sentenced to prison. Can he retain his seat or will he have to forefit it?
Conviction of a felony is not a disqualification for being a US senator or representative.  Depending on Alaska election law, it could disqualify him as a voter, but you don't have to be able to vote for yourself.

The Senate could expell him.
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