A reality based independent journal of observation & analysis, serving the Flathead Valley & Montana since 2006. © James Conner.

15 December 2016

A U.S. House vacancy can be filled only by special election

Contrary to what I reported on 13 December, a vacancy in a U.S. House seat must be filled by a special election. The U.S. Constitution does not allow a governor to appoint a temporary replacement pending an election. See Tyler Evilsizer’s post at Intelligent Discontent, and Tom Lutey’s story at the Missoulian. Montana’s law, SB-169, that provided for an appointment to the House, was unconstitutional from the gitgo. If you’re wondering how in hell that bill got passed, I have the same question.