Here’s an amendment I wouldn’t mind seeing submitted to the voters for discussion:
House Joint Resolution 1001 would submit for our approval an amendment to Article 3 Section 10 of our state constitution. HJR 1001 would strike the existing clause, which gives the Governor sole and unrestricted authority to fill vacancies in the Legislature, and let the Legislature decide how to fill vacancies, with one important restriction:
The Legislature shall provide the manner by which a person may be appointed to fill a vacancy occurring in either house. The person appointed under this section shall be of the same party affiliation, if any, as the person whose vacancy is being filled [HJR 1001, as filed 2019.01.25].
Dennis Daugaard filled eighteen vacancies during his eight years as Governor; Governor Kristi Noem has already used that power twice. Choosing legislators to fill vacancies, which arise through no error of the Legislature itself, gives the Executive Branch an unwarranted check on the Legislative Branch. The Legislature should at least be able to specify how it wants vacancies filled, whether by its own vote, a special election (my preference!), or by gubernatorial appointment.
Of course, the party restriction probably precludes my proposal that election runners-up get first dibs on vacated seats. My Democratic friends like it, though. Seven Democrats have lined up as co-sponsors behind Republican primes Pischke and Stalzer and four other hard-right GOP supporters… which motley crew suggests HJR 1001 will have a hard time making out of House State Affairs, which is chaired by Majority Leader Qualm. House State Affairs is taking up three whackadoodle ALEC-ky resolutions Wednesday but has yet to schedule HJR 1001 for a hearing.
I say, if a vacancy occurs it should stay vacant. Then, those heinous placeholder people would stop, and the weakly ones on the deathbeds would be a risk, and old people would be given a second thought before getting a vote. You vote in one likely to die or be a chicken and withdraw, or a quitter, you get a vacancy. grudznick has ruled.
In Wisconsin the Constitutional requirement is the Governor calls for a special election to fill the vacancy. It seems reasonable that in a democratic republic the people of the district actually elect their representative. As you might expect from a corrupt tyrant, Scott Walker tried to get around this Constitutional requirement by delaying calling for the special election. The courts told him do do his duty.
Really, why have anyone other than the people of a district select the person who is supposed to represent them. Certainly, having the Governor appoint is a violation of the separation of powers.