California secretary of State: GOP lawmaker can't be removed from ballot after getting indicted

[Julian Englis]

Source: The Hill

Rep. Duncan Hunter (R-Calif.) will remain on the ballot in California's 50th Congressional District in November, despite being charged Tuesday with misusing at least $250,000 in campaign funds for personal expenses.

"There exists no process in California Elections Code for Duncan Hunter to remove his name from the November ballot," Sam Mahood, a spokesman for California's Secretary of State, told The Hill in a statement.

Mahood noted that Hunter was one of the top-two vote getters in the district's June primary. He added that there can be no write-in candidates for the November election.

The Department of Justice alleged in an indictment Tuesday that Hunter used campaign funds to purchase trips to Italy and Hawaii, pay for his family's dental work, his children's tuition and international travel for nearly a dozen relatives.

Read more: http://thehill.com/homenews/campaign/402937-california-secretary-of-state-gop-lawmaker-cant-be-removed-from-ballot

[brush]

1. Ring up another rep. in the Dem column in the House. WooHoo!

[bitterross]

3. There is no guarantee he won't get re-elected.

It should be a forgone conclusion that he won't get re-elected. Don't count on it. Nunes is still very likely to get re-elected too.

[BigmanPigman]

5. YEP!

Voters are so partisan now, and also so stupid, that I would not put it past them. We are living in really fucked up times.

[brush]

7. IMO there's a good chance he won't get re-elected, so I stand by my Woohoo!

The repugs can't even write-in anyone.

[Tiggeroshii]

16. It was a tough bet before the indictment sonnow its almost guaranteed in my mind.

Take nothing for granted though. This is reminiscent of duke cunningham. It's just hard to run for things when you are in prison. That doesn't mean it can't be done.

[ffr]

19. +1

It's a hill to steep to climb for at least enough republicans that it should allow a democrat to release that district from the oppression it has been under.

[RainCaster]

2. Flip

[groundloop]

4. If Sec. of State were a goper he'd sure the hell find a way to replace Hunter on the ballot

Party first and to hell with what the law says.

[WhiteTara]

8. which tells us exactly why

the blue wave is so necessary if we want to have a civil society.

[onetexan]

15. you're spot on

i've been spreading word to everyone i know to be sure to vote this November in order to preserve our way of life. Everything we hold dear as a free society is at stake.

[WhiteTara]

17. carry VR forms with you in your car.

You will find people all over who need to register but don't know how. You can get forms at either the dmv or county clerks office. You can help them fill it out and turn it in for them. If they register republicon, I always have them turn their own form in. But you can be a hero/heroine in our time. It's fun to register people. I ask people point blank if they're registered and if not, I whip out my forms and do it on the spot. It feels great!

[diva77]

22. great idea; they're readily available at the post office as well - I'm going to grab a few next

time I'm there

[WhiteTara]

27. You will feel so great, empowering others

to have a voice in their lives. My favs are 1st timers and felons. They look so radiant after they have registered to vote. They are full citizens.

[RockRaven]

6. That's an R+11 district (11% more GOP than national average) and last poll had Hunter up 51-42

One cannot count on this meaning Hunter will lose. It is possible, I suppose, but far from likely.

[AlexSFCA]

11. turnout is key; very possible;

[kimbutgar]

13. So I guess his donors are ok with him using money for trips to Italy and personal expenses?

[Lucky Luciano]

14. His donors don't care as long as a Democrat is not elected.

That’s what they pay for...the rest is just icing on the cake and they may just say enjoy the leftover cash!

[luvtheGWN]

23. But if he is convicted prior to Nov. 6, and then gets elected,

could he still take his seat in the House? Is a convicted felon allowed to become a member of congress? inquiring Canadian minds want to know.

[lastlib]

24. The question will be, will the House seat him?

If the House flips, it's pretty much a no-brainer that Dems will toss him. If it stays GOPee, I'd say it's up for grabs.

[JustABozoOnThisBus]

29. If the House won't seat him, what's the process for filling the seat?

Does the governor appoint a replacement? Special election? Number two from the original election?

[lastlib]

31. U. S. Constitution, Article 1, Sec. 2:

"....When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."

So the Governor has to call a special election. The details are pretty much up to the states themselves. Being from Missouri, I can't say how California would handle it as far as scheduling, etc.

[WhiteTara]

18. That was before his arrest, right?

I think that people may have a different opinion after they find out how he spends money that isn't his.

[Tiggeroshii]

21. Single digit lead before going to jail isnt encouraging for him

[Power 2 the People]

9. They're all a like.

Crooked to the core.

[Hekate]

10. So who was candidate #2? I look forward to political analysis a week from now. nt

[rogue emissary]

12. I may be an Atheist, but this feels like X-mas in August!

[lagomorph777]

28. More like Festivus. We are settling grievances.

[RestoreAmerica2020]

20. For heavens sake why can't they just stamp VOID over his name on ballot? I know,

cant be done..so a known criminal is on the ballot and there is absolutely nothing anyone can do about it--unbelievable! Of course repubs will still vote for the crook.

[beachbum bob]

25. Hunter rcan still win the election, being indicted or convicted doesn't preclude anything

[bearsfootball516]

26. He'll likely lose some voters, but it's such a heavy republican district.

He may still win anyway. Hopefully his opponent can squeak out a win.

[SCantiGOP]

30. This is not unusual

I was in a County where they elected a dead man as Sheriff. He died a week before the election.
There were enough straight Dem ballots that he got 2/3 of the vote over write-in candidates. The county had to pay for a special election.