Barbour’s lawyers say special election date clearly legal
Barbour, in his brief to the Supreme Court, said his position is simple and easy to understand.
“The November rule applies to every 12-month period following the creation of a vacancy in the U.S. Senate unless there is no general state or congressional election during those 12 months. In that case the 90-day exception applies,” the brief said.
Barbour’s lawyers also contended that the term “year” used in law is not a calendar year, but 365 days.
“Thus, the resignation happened within a year’s time in which there will be a regularly scheduled congressional election,” according to the governor’s brief.
Barbour said Wicker’s appointment did not fill the vacancy created by Lott’s resignation. The governor said it is plain from the Constitution that it is the people of Mississippi who fill a seat in the Senate.
“The temporary appointment made by the governor does not remove the existence of the vacancy — that may only be accomplished via the Constitutionally directed special election.” the governor’s attorneys said.
Commercial Appeal
1/20/8
Magnolia Tribune
