Concerning Prosser, I have a question..

[shraby]

If he hasn't yet taken the oath of office for the new term he just won but circumstances reveal he is unqualified to serve because he assaulted a fellow judge, does that mean that Kloppenburg will be sworn in instead?

[MineralMan]

1. No. It doesn't work that way.

[mzteris]

3. how would it work? n/t

[MineralMan]

8. In the same was as any other vacancy in an office.

I don't know Wisconsin's procedures in those situations. The loser of an election, however, doesn't automatically get the job if the winner can't fulfill the duties, for whatever reason. I don't know of any place where that isn't true. Whether Wisconsin works with an appointment or special election for vacant positions on their Supreme Court, I do not know. I do know they don't just slot in the loser of the last election. Nobody does that, once an election is certified.

[LiberalFighter]

12. Most likely the only way the runner up could claim the office

is if the winner was declared not eligible to hold office. And the ineligibility would have to occur at a time where the name would be struck from the ballot. If an action occurred after the election that requires removal than most likely another procedure is used to decide who fills the vacancy.

Recap..

Vacancy that has or would had occurred prior to the election - one set of procedures used.

Vacancy occurring after the election - a different set of procedure(s).

[MineralMan]

14. Right. And in this case, the election is over and certified.

Oh, well...

[LiberalFighter]

18. We have an election that was held last year in Indiana that is still in dispute

even though it has been certified.

His eligibility was challenged prior to the election. If the Election Commission agrees that he was not a registered voter and therefore ineligible (highly unlikely as 2 of 3 are republican) then the Democrat would be declared the winner.

Also as result of a ruling removing him the Republicans would not be considered the majority party and would have to go through the process to be a major party. In the meantime, the Democratic Party would be listed first on all ballots and ALL counties would have Democratic Poll Inspectors at the polling places. The law specifies that the party having the most votes for Secretary of State in the county has the position of Inspector. Currently about a third of counties have Democratic Inspectors.

[MineralMan]

19. Different jurisdictions; different rules. n/t

[LiberalFighter]

21. I understand that.

I don't believe I gave any indication that it applies to every state. And specifically indicated what happened in Indiana.

[shraby]

4. I would think it would automatically negate the election

results and toss it in her lap.

[MineralMan]

5. Nope. Once the election is certified, the loser has no claim

on the office. Should Prosser resign, or whatever, it's just another vacancy in that position, which will be filled in whatever way is used in that state.

Coming in second in an election just means that you lost the election. You didn't get the office. What happens after certification of the election depends on the state's laws.

What you suggest makes good common sense, but it is not how it is done.

[Codeine]

17. why would you think that? nt

[mzteris]

2. interesting question. . . n/t

[Orangepeel]

6. No.

Whatever processes Wisconsin uses to replace judges will go into effect. I don't know what these processes are; it is likely either a special election or an appointment by the governor.

As close/suspect as the last election was, why would the person who did not win automatically be the replacement?

(edited to add the word "automatically." Kloppenburg could, of course, be the replacement if she won a special election or were, in an alternate universe, appointed by the governor, depending on however Wisconsin does it.

[davsand]

7. If Prosser can't serve the Governor appoints somebody till the next election.

There would need to be findings in order for Prosser not to serve on the court, and that investigation may take some time. Most likely, Prosser will get sworn in. I am not aware of any scenario that allows Kloppenburg to take over for Prosser unless she is the interim appointment. Sorry.



Laura

[shraby]

9. I just found it, if Prosser has to step down, which he would

anyway at age 70 (I think he's 69 and had no business running for a ten year term in office) then the governor would appoint someone to fill his spot until the next spring election.

[dragonlady]

11. Age is a relative thing

Chief Justice Shirley Abrahamson ran and easily won another ten-year term last year at age 76. She is as sharp and wise as anyone else on the court, or moreso. Justice Ginsburg is the same age and still a strong voice on the U.S. Supreme Court.

[shraby]

15. In Wisconsin, retirement from the court is mandatory at

age 70.

[customerserviceguy]

16. What would Walker need to do to change that?

Could he just get something through the legislature, or would it take a vote of the people on a state constitutional amendment?

[MineralMan]

20. Apparently not, since the chief justice is older than that already.

Better check again.

[gkhouston]

22. The constitution does have an age limit, but the wording to me was unclear.

I thought perhaps it meant that you couldn't run for a new term if you were over 70.

[MineralMan]

10. On another note, Prosser has been accused of something.

Will he be charged? Perhaps. Will he be convicted? Perhaps. Will that happen before he is sworn in? Perhaps.

Too many unanswered questions, really. Odds are that he'll be sworn into that office, unless the publicity is sufficiently damning to force him to resign before being sworn in. It's too early for speculation, really.

[EC]

13. No the governor chooses

just the same way Van Halan (sp?) got in. But the point is moot, he'll just be told to go to anger-management counseling just like last time he blew up.

[PeaceNikki]

23. Sadly (or thankfully depending) elections are not Miss America pageants.

The runner-up is not the understudy waiting to fill the role should the winner be unable to fulfill their obligations.