Thursday, February 26, 2009
Editorial: Voters should fill vacancies
Give citizens more voice in choosing who will represent them.
From the RoundTable blog
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When Roanoke Councilman Alfred Dowe resigned in disgrace last year, a quirk in state law ensured that his replacement, appointed by other council members, could serve out the two-year remainder of Dowe's term.
Voters should get a chance to fill such vacancies.
Legislation introduced by Del. Clay Athey Jr., R-Front Royal would give local governments the choice of holding a more immediate special election to fill the vacancy or wait until no later than the next general election to fill it.
Athey's bill arose out of a confounding opinion by former Attorney General Bob McDonnell. The Republican gubernatorial candidate argued that appointed members to local government bodies cannot vote on budgets and other vital issues.
While that surprise opinion could be the basis for some mischief in certain situations, it is not binding and should be given all the deference it deserves: none.
Until or unless a court rules differently, there is no reason to believe that McDonnell's artificial and newly created distinction between elected and appointed members has any validity.
But this legislation could fix a real problem if it becomes law.
Under current Virginia law, an appointee could fill a vacancy for the majority of an unexpired term. Regardless of McDonnell's opinion, that isn't an acceptable state of affairs.
Take the Dowe example. He resigned fewer than 120 days before the city's May 2008 election -- too late to get candidates on the ballot. That timing meant his replacement could serve more than two years of a four-year term without a vote by residents of Roanoke.
The House bill would allow localities to fill vacancies with temporary appointments if they want, but there would have to be a vote in the next general election, whether it occurs in May or November. Localities could choose to hold a special election before then.
In the Dowe case, the next general election was six months away. The legislation could be further improved by reducing the 120day cushion to 90 days, which would still give prospective candidates plenty of time to file. That would have allowed Roanoke residents to vote for Dowe's replacement in the May 2008 election.
McDonnell's opinion was a shot out of the blue that should be largely ignored. But if it leads to passage of legislation that gives citizens the voice they deserve in replacing elected officials, it may end up doing more good than harm.
