New York
Related: About this forumDemocrats Push Astorino, Cox To Call On Grimm To Resign
State of Politics
The “Astorino Truth Squad” — the rapid response unit for the state Democratic Committee — called on Republican candidate for governor Rob Astorino and GOP Chairman Ed Cox to support the resignation of Rep. Michael Grimm following his indictment.
“The NY GOP does a lot of talking, but when it comes to policing their own party’s ethical lapses, the silence is deafening,” the statement said. “A day after a Republican member of Congress was indicted for fraud and perjury, Ed Cox and Rob Astorino have suddenly gone mute when they should be calling for the immediate resignation of Congressman Grimm. New Yorkers deserve better than hypocritical, partisan and selective outrage at elected officials who violate the public trust. How long will Cox and Astorino turn a blind eye to corruption in their own house?”
http://www.nystateofpolitics.com/2014/04/democrats-push-astorino-cox-to-call-on-grimm-to-resign/
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Dawson Leery
(19,348 posts)hrmjustin
(71,265 posts)
murielm99
(30,733 posts)Cruz wanted Kerry to resign over his remarks about Israel. That was not even alleged criminal conduct. But this? I guess we always have to remember: It's Okay If You Are A Republican.
hrmjustin
(71,265 posts)yeoman6987
(14,449 posts)Kerry at least had to be voted on by the Senate which I guess is why Cruz commented on this issue.
murielm99
(30,733 posts)He thinks he has to open his big mouth about everything. Much of the time, he is uninformed. Often, I know more about what is going on than he does, and I am an ordinary person. It is supposed to be his job to be informed.
yeoman6987
(14,449 posts)that just buzz around you but does not bite but is so annoying.
hrmjustin
(71,265 posts)hrmjustin
(71,265 posts)Republican Assemblywoman Malliotakis says she's not running; GOP Rep. Michael Grimm says he's not leaving
http://www.silive.com/news/index.ssf/2014/04/assemblywoman_malliotakis_says_1.html#incart_m-rpt-1
hrmjustin
(71,265 posts)
Gothmog
(145,130 posts)Resignation is the right to do but Grimm will be on the ballot in November. This is issue was litigated in Texas back in 2006. http://www.cityandstateny.com/2/75/new-york-city/grimm-scenarios.html#.U2FmdPldWn_
Generally for state offices, if one moves out of the state or is convicted of a felony, a candidate is no longer eligible for public office. Not so here. According to the United States Constitution, eligibility to serve in the House of Representatives requires one to be a resident of the state (not the district, by the way) on Election Day. This has been interpreted to mean what it says: one need not be a resident of the state before that. Thus, moving out of the state before Election Day would not allow Grimm’s name to be stricken from the ballot. After all, he could change his mind and move back home.
Precedent supports this analysis. In 2006 Rep. Tom DeLay (R-Tex.), under indictment at the time, wished to get off the ballot for the general election so that Republicans would have a shot of retaining his House seat. The GOP would be able to replace him if he were no longer eligible, so he moved to Virginia and swore that he wasn’t going back to the Lone Star State. As a non-resident, he argued, he was no longer eligible for Congress, and, under Texas law, another candidate could take his place. Applying federal constitutional law, however, the courts saw it differently. In that he could potentially move back to Texas on Election Day, he was not yet ineligible. Even Justice Scalia weighed in on this legal imbroglio, and
DeLay remained constitutionally eligible to run for the seat.
Thus, were Grimm to move to another state, the DeLay precedent would undoubtedly be invoked by New York Democrats to keep him on the ballot.
(By the way, under Texas law, DeLay was able to take his name off the ballot by “withdrawing” from the race, but in that he was not ineligible, the GOP couldn’t replace him. As a result, there was no candidate on the GOP line, and a write-in campaign for a Republican was mounted. New York law doesn’t permit such withdrawals.)
If the GOP tries to remove Grimm from the ballot, there will be litigation and I think that the Democrats will win. Wally Kronzer handled the DeLay case and I am sure that he would be glad to help here (not that New York does not have a few lawyers who are democrats).
hrmjustin
(71,265 posts)Looks like hd isn't giving in. The fact is he could still win.
Gothmog
(145,130 posts)A resignation by Grimm would further improve the odds of the Democratic party picking up this seat
hrmjustin
(71,265 posts)If he gets off the ballot somehow the gop has a popular assemblywoman that could win but time will tell.
If he tries to get off the ballot the dems will sue. Recchia's campaign will sue.
Gothmog
(145,130 posts)You have to be a non-citizen on the day of the election which means that leaving the state will not help
hrmjustin
(71,265 posts)Or if you get nominated as a judge. There are no judgeships open in Richmond county but he can get other county gop leaders to nominate him.
Weird laws I have to say. Also we have two primaries here. June federal primaries happen and in September state primaries happen.