Boots & Sabers

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Owen

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1005, 01 Oct 19

Evers Continues to Lie About Dates for Special Election

Look, we’ve had special elections before. He’s not reinventing the wheel here. The law is pretty clear and accounts for this exact scenario:

Evers has not yet finalized the new schedule, but his aides are in talks on the issue with the U.S. Department of Justice and the Wisconsin Department of Justice.

Aides to Evers are focused on two possibilities for the new schedule.

Under one scenario, the primary would be held Feb. 4 and the general election would be held April 7. That would mean the special election would be held the same day as Wisconsin’s presidential primary and regular spring election for state Supreme Court and local offices. Under that schedule, the congressional primary would be held two weeks before the primary for Supreme Court and local offices.

Under the second schedule being considered for the special election, the primary would be held Feb. 18 and the general election would be held May 5. That would mean the congressional and Supreme Court primary were on the same day, but the general elections would be held at different times.

Evers doesn’t have the option of having the special primary and special election on the same dates as the spring primary and spring general election, according to his office.

Here’s the relevant statute:

(2) Date of special election.
(a) The date for the special election shall be not less than 62 nor more than 77 days from the date of the order except when the special election is held to fill a vacancy in a national office or the special election is held on the day of the general election or spring election. If a special election is held concurrently with the spring election, the special election may be ordered not earlier than 92 days prior to the spring primary and not later than 49 days prior to that primary. If a special election is held concurrently with the general election or a special election is held to fill a national office, the special election may be ordered not earlier than 122 days prior to the partisan primary or special primary, respectively, and not later than 92 days prior to that primary.
(b) If a primary is required, the primary shall be on the day 4 weeks before the day of the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the partisan primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary, and except when the special election is held on the Tuesday after the first Monday in November of an odd-numbered year, the primary shall be held on the 2nd Tuesday of August in that year.
In other words, the excuse that he can’t just have the special election on the spring election schedule is bunk. Of course he can. He’s looking for an excuse not to.
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1005, 01 October 2019

2 Comments

  1. steveegg

    The issue here is federal, specifically the requirement that ballots for federal elections are in the hands of overseas voters no later than 45 days prior to an election.  There are 49 days between the spring primary and general elections, which under normal circumstances is not enough time to canvass the results of the primary election, print up general election ballots, and get them into the mail.  Indeed, this compressed time issue caused by the MOVE Act of 2010 is why we now have a mid-August partisan primary instead of a mid-September primary.

    The reason why I say “under normal circumstances” is that the timeline is routinely compressed in a special election.

  2. jjf

    Another view of the election date controversy.

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