August 27, 2008 - 15:47
News: Ohio

Tubbs Jones special election set for Nov. 18

Gov. Ted Strickland is call for a special election to fill the seat of U.S. Rep. Stephanie Tubbs Jones (D-Cleveland), who passed away last week.

The election to fill the 11th Congressional District's seat for the next full term will be held on Nov. 18. A primary election, if needed, would be held on Oct. 14.

Strickland explained his legal reasoning in a statement.

"While I recognize the costs that would be associated with a special election, my staff has carefully reviewed this situation and concluded that the U.S. Constitution requires me to call one,” Strickland said. “My staff has also reached out to Attorney General Nancy Rogers, and she concurs. Put simply, in ACLU v. Taft, the U.S. 6th Circuit Court of Appeals made it clear that a governor has a 'mandatory' obligation to issue a Writ of Election when a congressional seat is vacated. The court has said that every district should have representation, even when Congress isn't expected to be in session, because Congress may need to hold unexpected, but important, votes at any time. Such a clear ruling in Ohio's federal appeals court makes it extremely unlikely, in my judgment, that Ohio would prevail in a legal challenge if we decided not to call for an election in this case.”

Justin Miller is a PolitickerOH.com Reporter and can be reached via email at noreply@politicker.com.

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