Why Isn't Lieutenant Governor on Florida Ballot in 2004?

[soup]

One item in tonight's 'Things that keep me awake when I should be sleeping' list -

Remember Brogan? jeb's lieutenant gov - the man who ran for office with jeb - half of the team elected in 1998 and again in 2002 - the one who, as the elected l.g., would take jeb's place should anything happen to him - the guy who waited to quit until after taking the oath of office last year -

Why did the ballot say Bush/Brogan? Why did he even run again if he wasn't planning on serving? Was 'continuity' a factor? Was it too risky for jeb to run with someone else? How many people voted for Bush/Brogan in 1998 and again in 2002 that didn't vote for Bush/Feeney in 1994 simply because Feeney was on the ticket?

While it's quite possible that jeb appointee Jennings could run and win, shouldn't the people of Florida be the ones who decide?


Feb. 01, 2003
The state Constitution says that the governor will replace elected officials when they leave office for the remainder of their term only when there are fewer than 28 months left in office. Otherwise, the appointment stands only until the next general election, which in this case is November 2004.

When Brogan leaves March 1, there will be 46 months left.

The Constitution does not specifically address the lieutenant governor's job, but Democrats insist that Brogan was indeed elected in November as part of a two-man ticket -- with both names on the ballot -- and that voters were given a choice at the time.

The Florida Democratic Party has hired Tallahassee attorney Karen Gievers to research a possible lawsuit, and she said Friday she is convinced the Constitution clearly requires another election.

Democratic Party Chairman Scott Maddox called Brogan's election and almost-immediate resignation a ''bait-and-switch,'' and said he hopes a lawsuit is unnecessary ``because the governor will do the right thing and give the choice back to voters.''
http://www.miami.com/mld/miamiherald/news/politics/5079777.htm?template=contentModules/printstory.jsp


January 12, 2003
Maddox, provocatively, points out that in 1994 Bush lost many votes because he named Tom Feeney, at the time a young, brash conservative, as his running mate.

''So now he could appoint anyone he wants, like Feeney or even Jerry Regier,'' the controversial new secretary of the Department of Children & Families, Maddox said. ``And if God forbid something happens to the governor, then that person takes his place.''
>snip<

Since the governor and LG appear as a tandem on the ballot, would both Bush and his running mate have to run again? Might the Democrats argue that losing half the ticket results in a complete vacancy?
http://www.miami.com/mld/miamiherald/news/state/4926834.htm


Friday January 17th, 2003
"The Constitution is clear. The voters of Florida have spoken that certain people have been elected, certain people will be appointed and the lieutenant governor, along with the governor, is a person who gets elected, not appointed. The Constitution has no wiggle room. If someone is elected, leaves office for any reason with more than 28 months left on their term, then there must be an election so that we the voters can make our preferences known. That's what the Constitution says. It's all about the rule of law" said Karen Gievers, the Democrats Attorney.
http://www.flanews.com/archives2003/0117Law.htm


March 3, 2003
TALLAHASSEE -- Gov. Jeb Bush on Monday named former Senate President Toni Jennings to be Florida's first woman lieutenant governor.

Bush made the announcement just two hours after Frank Brogan gave up the job voters elected him to in November. He is the new president of Florida Atlantic University in Boca Raton.
>snip<

Democrats once threatened to sue to force the new lieutenant governor to stand for election in 2004, but Florida Democratic Party chairman Scott Maddox merely issued a statement congratulating Bush on his choice. Maddox later said the party has not decided whether it will sue.

Bush has said it is unnecessary to put Jennings' appointment on the ballot because voters do not choose a lieutenant governor alone but as part of a pair with the governor.

Jennings said she would gladly put her name on the ballot beside a Bush in 2004.
http://www.sptimes.com/2003/03/04/State/Bush_names_Florida_s_.shtml

:shrug:

Rule of Law excuse me while I collapse in fits of maniacal laughter.