McCrory's call right

Published January 14, 2014

by Scott Mooneyham, Capitol Press Association, published in Greenville Daily Reflector,  January 13, 2014.

Democrats have a new reason to be mad at Gov. Pat McCrory.

McCrory has decided that there will be no rushed special election to fill the congressional vacancy created by the appointment of 12th District Congressman Mel Watt to head the Federal Housing Finance Agency.

McCrory could have called for special elections that would have filled the vacancy ahead of the November general election. Instead, he called for special elections to run concurrent with the scheduled 2014 elections, meaning the candidate who wins the race (most likely the same person who wins a new term) would only fill the remainder of Watt’s term from Nov. 5 into January 2015.

Two of Watt’s congressional colleagues from North Carolina, Democratic U.S. Reps. G.K. Butterfield and David Price, called the decision “unacceptable.”

They noted that the 300-plus days that the seat would go unfilled is far longer than any other vacancies that have occurred in the current Congress.

They apparently see politics at play in the decision.

They may be wrong.

In reaching the decision, McCrory cited the cost of special elections, better than $1 million, and talked about the varying election dates being “too complex.”

It’s the scheduling itself, though, that presents the most persuasive argument in support of the governor’s decision.

Because of the logistics of holding elections, and federal requirements to provide overseas voters with the time necessary to receive and return absentee ballots, no schedule would have put anyone into the seat before mid-summer.

So, if a congressional seat were already going to be vacant for seven months, would filling it for three additional months justify the trouble of holding special elections outside of currently scheduled elections? That question becomes even more complicated when recognizing that far fewer voters would show up for some of those elections.

As for the politics, it is important to keep in mind that Democrats aren’t exactly the most powerful bunch inhabiting the congressional chamber that Watt is leaving. One less Democrat, or even 10 fewer, is not going to change the balance of power in the U.S. House.

Had McCrory’s decision affected a congressional chamber that was more closely divided, the charges of playing politics might enjoy more resonance.

Of course, members of Congress do more than vote on legislation. They and their staffs often act as go-betweens for constituents who are dealing with federal regulations and rules, or otherwise having problems negotiating federal agencies.

It’s those activities that create the best argument for filling the Watt vacancy ahead of the November elections.

Watt’s staff, though, apparently will stay in place for a while, even if he is not there to guide them.

The pros and cons show that McCrory had a tough call.

And the complaints that the decision was driven by politics probably say as much about the hyper-partisan state of the politics these days as it does about the decision itself.

January 14, 2014 at 10:04 am
Hampton Brady says:

McCroy's decision NOT to call a special election is, I think, hyper-partisan on his part. Here's what I wrote in our local editorial paper.

"Governor McCrory Has Gout!

Special elections to fill a vacant seat are and have been the norm when a congressional seat comes open, particularly when the seat is scheduled to remain open for an extended period of time. At least special elections were the norm in NC until the radical republicans took over Raleigh politics in 2012.

January 14, 2014 at 11:47 am
Richard Bunce says:

Problem is with the US Constitution that unlike a vacant Senate seat does not allow the States elected official(s) to appoint a replacement to fill the vacancy until the next regular election. Perhaps Mr. Watt should have waited until closer to the end of his term to take the new position.

January 14, 2014 at 1:55 pm
Hampton Brady says:

With respect to Mel Watt's seat, the US Constitution does not apply, nor did I advocate the "appointment process" which does not apply. I advocated the special election process that has been the "norm" for NC.

Call your next case.....

jd

January 15, 2014 at 2:43 pm
Richard Bunce says:

You might want to take another look at the US Constitution...

"When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies." -- Article I, Section 2, Clause 4

January 16, 2014 at 9:22 am
Hampton Brady says:

I have no interest in getting into a pissing contest over this matter (to see which of us can piss up a wet rope), but I suspect that you read the Heritage Foundation's rendition of Article 1, Section 4. Therefore, I thought I would attach the following from Article 1, and call your attention to the word, "MAY". NOTE: The Article clearly uses the word MAY and not "SHALL" alter such regulations.

U.S. Constitution - Article 1 Section 4

Article 1 - The Legislative Branch

Section 4 - Elections, Meetings

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress MAY at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall (be on the first Monday in December,) (The preceding words in parentheses were superseded by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day."

January 16, 2014 at 4:02 pm
Richard Bunce says:

So neither the State Legislature or the Governor is in violation of the US Constitution or Federal statute/regulation in this matter, you would just prefer the election be held sooner than this November as has been done by previous Governors. I would prefer the matter be handled as it is for Senators when appointments by the State elected officials and that would require a Constitutional amendment which at this point is just as unlikely as the Governor holding a special election for this seat.