Um ... this is a good technical argument, but it does not address
   the basic premise that what the voters wants is what the voters
   should get.  There is no question what the voter wants.  They
   knew ahead of time that they would be voting for a dead man's wife.
   The appointment may be technically flawed, but for a judge to throw
   this out would require finding a serious problem.  Technicality is
   probably not a serious enough problem to go against the electorate.

   Ern

   -----Original Message-----
   From: Jim Burnes [[1]mailto:jburnes@savvis.net]
   Sent: Thursday, November 09, 2000 9:13 AM
   To: Multiple recipients of list
   Subject: Re: A very brief politcal rant

   On Wed, 08 Nov 2000, William H. Geiger III wrote:
   > In <973697805.3a09730d4e448@webmail.cotse.com>, on 11/08/00
   >
   >    at 09:36 AM, brflgnk@cotse.com said:
   > >If the citizens of Missouri chose to elect a deceased person as
   Senator,
   > >I think  that's exactly what they should get.  Leave the seat empty
   for
   > >two years.
   >
   > Someone had brought up the Constitutionality of having a dead man on
   the
   > ballot. The reasoning was that the deceased are no longer legally
   citizens
   > and therefore do not meet the Constitutional requirements for office.

   Even more significant is that a dead man cannot take the oath of
   office.

   If he can't take the oath of office he can't occupy the office.  The
   governor only has the power to replace a senatoratorial position if
   the current office holder dies.

   Since Carnahan died before he took office, the office remains
   unfilled.  The
   governor does not have power to appoint senators willy-nilly. The
   office must
   be held before it can be filled.  The correct solution would be to hold
   a
   special election so that the public has a chance to know who they are
   voting
   into office.  What the democrats are afraid of is that his wife might
   be
   less fit to hold that office than her husband in some democrat's minds
   (after debates etc).

   Here is a question?  Would it be vote fraud to run one person's name on
   the
   ballot and replace him with someone else when he won?

   jim

   --
   Sometimes it is said that man can not be trusted with the government of
   himself. Can he, then, be trusted with the government of others? Or
   have we
   found angels in the forms of kings to govern him? Let history answer
   this
   question.       -- Thomas Jefferson, 1st Inaugural

References

   1. mailto:jburnes@savvis.net