State law can't be used to oust Giffords

[brooklynite]

Source: Arizona Daily Star

PHOENIX - U.S. Rep. Gabrielle Giffords can't be forced from office for not doing her job while she is recovering, at least not by state law.

Matthew Benson, spokesman for Secretary of State Ken Bennett, the state's chief elections officer, said an Arizona law allowing a public office to be declared vacant if someone is absent for three months "doesn't apply to federal offices."

And Paul Bender, the former dean of the Arizona State University College of Law, said speculation to the contrary is based on a flawed reading of the Arizona law.

...snip...

But Benson pointed out that is from Title 38 of the Arizona Revised Statutes, which include a definitions section that specifies Title 38 applies to "any office, board or commission of the state, or any political subdivision thereof." That would include local elected officials but not those holding federal office.

Read more: http://azstarnet.com/news/local/govt-and-politics/article_3c13336c-bcef-5a55-b7b9-7046fb492b5b.html

[zehnkatzen]

1. Really, AZ? You guys are talking about THAT? Really? k/r

Would anyone in the state of AZ even put up with that buzz if the wounded party was a Republican?

Really?

[Alexander]

2. At least an AZ Republican said it can't be done.

Ken Bennett is a Republican.

For Arizona Republicans, that's about as sane as it gets.

[freshwest]

10. I doubt it. Only Dems are kicked around that way.

[ck4829]

3. Wanting to oust her while she is recovering, ignorance of what the law says?

I wonder if we do some sleuthing and try to find out who tried to remove her, then we might find a tea bag or two.

[freshwest]

4. An entire kettle full of them...

[justiceischeap]

6. I don't believe anyone actually tried removing her

There was an article either from yesterday or Sunday that stated that Giffords could lose her seat while in recovery. I then believe this article was written to repudiate the, obviously, incorrect article.

[Submariner]

5. Enforcing a state law like that would be incentive for Teabaggers

to shoot other congress critters to grab seats. Obviously, not a good circumstance.

[freshwest]

7. Yup. And perfect gif to go along with that. The terrorist is still at it.

[elocs]

8. Somebody comes up with the story and then people get bent out of shape

by something that would never have happened and wasn't true to begin with. I read more than one thread here yesterday about this happening and for any Republican to ever seriously discuss that it be done would be a PR nightmare for the GOP.

[no limit]

9. Did anyone in AZ actually suggest this?

[harun]

15. no

[ProgressiveProfessor]

16. I had the same question. Sounds more like a question from a press conference

[no limit]

17. Makes sense, thanks.

[lepus]

11. Don'tjump on me,

but I can see the point of replacing her.

How many people are now disenfranchised for the foreseeable future due to her getting shot?

What is the bigger issue? One lady losing her job or a million point something people without representation in congress for almost the next two years?

It is tough and mean, I know it, but she needs to be replaced if she cannot fulfill her obligations to her constituents. Find one of her senior aides, or her husband for that matter, and run a special election. I think her husband is very electable.

I would not like to see the seat go to a repuke, but I do not think that would happen.

[greiner3]

14. Hahaha;

But you need to run the sarcasm icon to get most of the people to know you are joking.

[lepus]

18. I'm not joking.

No sarcasm tag is needed.

If the president is incapacitated, he is replaced.
If the vice president is incapacitated, he is replaced.
The same for all important offices in the federal government and most state governments.

If I am incapacitated, my employer will replace me.

I feel for the lady and her family. I wish her a speedy and full recovery. She took a bullet through the brain though. Odds are that she will not be functional for a while, if ever.

She has an important job. If she is not able to fulfill the obligations of that job, it needs to go to someone who will. IIRC the last case that this happened with caused a state to lose a vote in the senate for over five years.

Is disenfranchising a population of voters conducive to a good democracy?

Do not confuse the position with the person. People can be replaced, the position cannot. Letting it lie fallow disrespects her constituents.

[ProudDad]

19. Why?

It's irrelevant until 2012 since the pukes own the House...

[lepus]

20. So another democrat vote is irrelevant?

Pray, tell me why.

[CreekDog]

21. I don't think anyone who uses the term "Repuke" is actually in favor of replacing her so hastily

:shrug:

[sam sarrha]

12. Gabrielle Giffords should be careful.. she isnt out of the woods.. there's reasons she's wanted dead

http://www.solarnovus.com/index.php?option=com_content&view=article&id=1995:gabrielle-giffords-solar-champion&catid=75:editors-blogs&Itemid=352
In two terms, Congresswoman Giffords accomplished the following for solar in the US:

•Giffords was a key proponent of the 8-year extension of the solar investment tax credit and the one-year extension of the Treasury Grant Program. See "Getting Lame Ducks in a Row."
•Giffords sponsored the Solar Technology Roadmap Act (HR 3585) in 2009, which committed over $2 billion to new research partnerships and demonstration projects for solar energy technologies.
•Giffords launched Solar Power 101 in 2007, which is an initiative to teach Arizonans about solar power and the inherent benefits and opportunities.
•Giffords introduced the Solar Schools Act, which makes it more affordable for schools to install solar panels.
•Giffords was instrumental in the award of a $1.45 billion loan guarantee from the US government for the construction of Arizona’s largest solar plant (280MW).


http://giffords.house.gov/2010/03/arizona-corporation-commission-approves-aps-az-sun-solar-program.shtml

APS plans to invest up to $500 million in the program over four years to develop 100 megawatts (MW) of turn-key photovoltaic power plants across Arizona.

http://giffords.house.gov/legis/sponsored-legislation.shtml
Legislative Accomplishments in the 110th Congress

Solar
Solar Energy Research and Advancement Act of 2007 (H.R. 2774)
•Creates a research and development program into thermal energy storage technologies for concentrating solar power (CSP);
•Conducts a report regarding the integration of concentrating solar power plants and regional electricity transmission systems, including how to send electricity from high solar resource areas (such as Arizona) to areas with less solar power.
•Analyzes how to reduce the amount of water consumed by concentrating solar power systems; andCreates a program to create and strengthen solar industry workforce training and internship programs in order to ensure that current and future employees obtain the necessary skills to install, operate and maintain solar energy products.
•Status: Passed the House in H.R. 6, the Energy Independence and Security Act on December 18, 2007 and was signed into law on December 19, 2007.

Renewable Energy Assistance Tax Act (H.R. 3807)
•Extends the 30% commercial solar property and residential investment tax credit for eight years;
•Extends the existing energy-efficient appliance credit and extend this credit for three years (through the end of 2010), and
•Extends the energy-efficient doors, windows, and insulation consumer tax credit for eight years.
•Status: Provisions have passed the House four times: in H.R. 2776 on August 4, 2007; in H.R. 6 on December 6, 2007; in H.R. 5351 on February 27, 2008; and in H.R. 6049 on May 21, 2008. The bill was finally included in the Emergency Economic Stabilization Act which became law on October 3, 2008..."


it has been estimated that up to 72% of daytime energy can be supplied bt 4 solar units across the south west... i think that would piss off the Robber Barrons.... their Big Money will come with rationing oil after they fake the big Peak Oil scam

[Monsoon]

22. Ahaa, and Loughner was anti-solar

in addition to everything else? It's all starting to come together isn't it?

[Demeter]

13. Jesus, Mary and Joseph! I Should HOPE Not!