Friday, May 8, 2009

Brian Kelsey Foiled Again

Posted By on Fri, May 8, 2009 at 2:41 PM

click to enlarge briankelsey_282_29.jpg
House jester Brian Kelsey asked a stupid question of the state Attorney General: "Could we hold yes/no retention elections for the legislature and the governor?" He hoped for an answer that he could use to argue against these elections for judges. Instead, the AG opined, retention elections aren't OK for the governor, but could fly for legislators. As for judges, the opinion notes a 1975 Supreme Court ruling upholding the yes/no system. The court said the constitution doesn't define the word "elect" and noted this provision in Article VII, Section 4: "The election of all officers, and the filling of all vacancies not otherwise directed or provided by this constitution, shall be made in such manner as the Legislature shall direct." That "reposes wide discretion in the Legislature with respect to elections and the filling of vacancies" for judges, the court ruled. The same reasoning holds for legislators. But for the governor, the constitution specifically says in Article III, Section 2, "The person having the highest number of votes shall be governor."

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