What if I wanted to vote for Foley?

[Little Star]

What if I lived in Florida and wanted to cast my vote for him? If I choose his name on the ballot why is my vote for someone else? O don't get it? Why can't they write in Negron's name?

[TroglodyteScholar]

1. I'm with you...

The person on the ballot should be the person you're voting for. If you want to vote for someone who does not appear on the ballot, write it in. I don't see how this "We'll just give Foley's votes to his replacement" nonsense works.

[mrreowwr_kittty]

2. Same here

Foley was the official candidate. No fair putting in a pinch-hitter at the last minute.

[Little Star]

3. especially seeing that some people may really

still choose to vote for the real Foley. He's not dead fer cripes sake. I can't see how this is legal.

[Danascot]

20. Faced with the choice of Ashcroft or a dead person

Missouri voters went for the dead guy! That's how we ended up with Asscroft as AG. It was a consolation prize.

[bbinacan]

4. From an earlier discussion on this topic

Courtesy of member MADem

The legal explanation for the so-called "replacement candidate" goes back to 2004 when former Wilton Manor Mayor Jim Stork (D-Fla.) dropped out of the race against Rep. Clay Shaw (R-Fla.) with just 40 days remaining before the election. At the time, the Republican Secretary of State denied Stork's request to withdraw, meaning that Democrats were left without a candidate. The Democratic Party appealed and won a court decision that allowed officials to pick Robin Rorapaugh as the replacement candidate who would receive Stork's votes. Shaw won easily.

Here's what the Florida election statute says:

(4)(a) In the event that death, resignation, withdrawal, removal, or any other cause or event should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the Department of State shall notify the chair of the appropriate state, district, or county political party executive committee of such party; and, within 5 days, the chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy. The name of any person so designated shall be submitted to the Department of State within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee's name will appear on the ballot. Any ballots cast for the former party nominee will be counted for the person designated by the political party to replace the former party nominee. If there is no opposition to the party nominee, the person designated by the political party to replace the former party nominee will be elected to office at the general election. For purposes of this paragraph, the term "district political party executive committee" means the members of the state executive committee of a political party from those counties comprising the area involving a district office....

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=2268753

edit to credit the source

[Little Star]

5. I followed the link to

the previous thread. It seems that this is not the case in Texas? Other states?

I still don't agree that this is right, even if we did push for that law in Florida. If I wanted to really vote for the real Foley how could my vote count?

[hayu_lol]

6. Little Star...not a problem in Florida...

They don't count votes there anyway.

[Little Star]

7. How True! Hahahah

[sandnsea]

8. Foley resigned

I don't understand your question.

[Little Star]

16. It is about my right to vote for him if I wanted to.

When I choose his name how does any one have the right to use my vote for someone else. I may really mean to give my vote to Foley. I can write in Jim Beam but I can't choose Foley or my vote goes to some one else? How come they couldn't get away with that in Tom Delay's case?

[sandnsea]

18. Resigned. Quit. Over. Done.

He isn't running. He isn't in Congress. You can certainly write in Foley's name if you want, but he isn't running so it won't do any good. I don't get what point you think you're making.

Texas isn't Florida, I don't know the difference in their election laws.

[tritsofme]

19. I assume there is a difference in election law between Florida and Texas

Its doubtful there is a universal federal standard that is set.

[helderheid]

9. it will go to the other Repub who is running in his place. n/t

[Critters2]

10. No reason not to

he hasn't been convicted of a crime (yet), and is therefore perfectly able to run for public office. If his name is on the ballot, it should be understood as a vote for FOLEY and no one else.

[Buzz Clik]

11. Maybe a Florida resident can help change the law for you. Ann Coulter?

[Little Star]

15. Yep. Especially if he is my real choice.

How can they not allow my vote for Foley to count for Foley???

[banana republican]

12. If they don't do it thay way then some one might

loose an election to a dead man...

Let me think about this......


Naw could never happen....

[Eric J in MN]

13. Mark Foley isn't a candidate anymore. This Florida law makes sense.

I wish we had it in Minnesota.

In 2002, Senator Paul Wellstone died shortly before the election, and his absentee votes were thrown out.

It would have made more sense to count those absentee votes for Walter Mondale, who was the Democratic replacement nominee, and who narrowly lost.

[Little Star]

14. Many people who get written in are not official candidates

It is about the voters right to vote for whom ever they want.

[Little Star]

17. I'm with you on the person being dead or even

being convicted of a crime. In either case the person cannot hold office. But Foley is alive and he has not been convicted of a crime. Why can't my vote be counted for whom I cast it? Where are my rights to vote for him if I choose?

[Eric J in MN]

21. Someone who has been convicted of a crime can serve in Congress. NT

NT