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1/5/2010 Assembly overrides veto, ends gubernatorial appointments for U.S. Senate vacancies

STATE HOUSE – The governor will no longer have the sole power to appoint a replacement if one of Rhode Island’s U.S. senators is unable to complete his or her term, under legislation approved by the General Assembly today over the governor’s veto.

The legislation sponsored by Sen. Paul V. Jabour and Rep. Chris Fierro requires a special election to choose a successor for any U.S. senator from Rhode Island who steps down, dies or is removed from office before the end of his or her term.

The move would eliminate the current process in which the governor appoints a replacement of his or her own choosing to serve on an interim basis until the next scheduled general election.

“A Senate seat is one of the most powerful positions in American government, and under no circumstances should it be allowed to become a political pawn controlled by a single person. Our senators represent the whole state, and all of Rhode Island should have a say in choosing them in every situation,” said Representative Fierro (D-Dist. 51, Woonsocket).

The bill (2009-H 5094, 2009-S 0201), which is effective immediately, requires that a special election be held to fill U.S. Senate vacancies, unless such a vacancy occurs after July 1 of an election year. In that case, the vacancy would be filled during the regular general electoral cycle.

“Congress is supposed to be the people’s voice in representative democracy. That is simply not the case if its members aren’t elected by the people. This law is meant to ensure that no one but the people of Rhode Island gets to decide who will speak for us in the U.S. Senate,” said Senator Jabour, a Democrat who represents District 5 in Providence.

Representative Fierro and Senator Jabour say the current law is a vestige of an outdated system of electing senators, prior to the ratification of the 17th amendment in 1913. Until that point, senators were chosen by state legislatures. While the amendment called for the direct popular election of senators, it allowed for vacancies to be filled via other mechanisms.

The legislation has been introduced in the past, including in 2008 when speculation arose that Rhode Island could potentially have a Senate vacancy on its hands if Sen. Jack Reed were offered a cabinet position. In light of the controversy surrounding Illinois Gov. Rod Blagojevich’s alleged attempts last year to sell President Barack Obama’s former Senate seat, however, the issue was the subject of increased attention and popular support. U.S. Senator Russ Feingold (D-Wis.) introduced similar federal legislation calling for a constitutional amendment that would take effect nationwide.

Changing it at the state level, however, is a swifter process that could protect Rhode Island regardless of the outcome of the federal effort, said the bill’s sponsors. The move is also a way to increase confidence in government, they said.

For more information, contact:
Meredyth R. Whitty, Publicist
State House Room 20
Providence, RI 02903
(401) 222-2457


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