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Just about everywhere, if someone in office dies (or is otherwise unable to finish her/his term), the party of the deceased person gets to choose the replacement.
But if the person dies during a campaign, rules differ by state.
Nope. There are laws that govern it and in the U.S. the party does not choose the replacement.
In the U.S. there are laws that handle these situations. It depends on the office and the state but the only time a political party gets to choose is if someone drops out or dies before the election and only before laws like the one in P.A. kick in. The reason for such laws is that there isn't enough time to print new ballots.
After the election, the office will either:
1. Be unfilled till a special election fills it
2. Be filled with someone who is appointed by an elected official(of any party)
3. Be filled with someone who is a designated back up to elected official(Vice President(for the President), Lieutenant Governor(for most Governors)).
4. There are a few oddball states where the wife(or other family member) can succeed the husband but that is rare.
The amount of time they can fill the office without an election will likewise vary and is set by law. Often a special election will be held as soon as possible but this of course varies by state laws.
In the case of the U.S. House, the state will try to hold an election as soon as possible because it's delegation is smaller(i.e. the state does not have as much power in Congress regardless of party) and the U.S. Constitution does not allow this position to be appointed. In the case of the Senate the Governor can appoint someone provided no state law exists(State law takes precedence). State reps and State senators represent people in a district and they are usually replaced by election.
The only place I know of that fills positions like that is the Australian Senate and for good reason. People in Australia vote for party not person as in the U.S..
"A Pennsylvania state representative who died last month was reelected during the midterm elections, reports say.
Democrat Anthony "Tony" DeLuca died Oct. 9 "after a brief battle with lymphoma, a disease he twice previously beat. He was 85," the Pennsylvania House Democratic Caucus wrote.
DeLuca was Pennsylvania's longest-serving state rep, according to the Pittsburgh Post-Gazette."
I guess it isn't too surprising that PA Dems elected a US Senator who can barely speak or convey a cogent thought if they'll vote for and elect a dead man as a state representative.
Reportedly, some of the Dem voters in PA were asking the poll workers where Obama's name was on the ballot because they thought he was running for President.
Perhaps voters in his district understand Pennsylvania law better than you do. This story was all over the news locally.
Rep. DeLuca died on October 9. State law dictates that once ballot printing begins, they cannot be reprinted with a substitute candidate. His name could not be removed from the ballots, which were printed in late September.
A special election will determine the next representative for that district. Voting for DeLuca triggered that special election - a do-over, if you will. So apparently the voters in that district prefer going back to the polls in a month or two over DeLuca's opponent. That's their choice.
Rep. DeLuca was an incumbent. Technically, he died in office. His seat will remain vacant until the special election - which sucks for the people of the district, who may not be represented in the statehouse for several months, depending on how quickly the special election takes place.
Cheer up! There was no Republican on the ballot this time; maybe one will run for the seat in the special election.
My understanding is someone will be appointed until the election takes place, I could be wrong.
My understanding is someone will be appointed until the election takes place, I could be wrong.
Rules for Special Elections in the state legislature differ by state, however 25 states including Pennsylvania the seat will remain vacant until a Special Election can be held.
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