MS-Sen: Barbour Calls November 2008 Election; Moore Interested

Jerome and Todd noted this already, but there's more information surrounding the news that Senate Minority Whip Trent Lott of Mississippi will join many of his Republican colleagues in the chamber and retire rather than run for reelection this cycle. WashingtonPost.com's Chris Cillizza:

Mississippi Gov. Haley Barbour (R) announced moments ago that a special election to fill the remaining four years on Sen. Trent Lott's (R) term will happen next November, effectively ruling out the possibility of a 90-day special election next spring.

"Pursuant to Mississippi law, specifically § 23-15-855 (1), of the Mississippi Code, once the resignation takes effect, I will call a Special Election for United States Senator to be held on November 4, 2008, being the regular general election day for the 2008 congressional elections," Barbour said in a statement.

In that same statement, he also ruled himself out as a candidate. "I will not be a candidate for Senator in the Special Election, and obviously, I won't appoint myself to fill the vacancy on an interim basis," Barbour said. Barbour will appoint a replacement for Lott within 10 days of the incumbent formally stepping down.

[...]

For Democrats, the Fix has learned that former state Attorney General Mike Moore -- Democrats' dream candidate -- is indeed interested in the contest and is considering a race. If Moore ran, he would likely clear the field. If not, former Gov. Ronnie Musgrove is the most oft-mentioned candidate. Rep. Gene Taylor (D) did not return a call seeking comment on his interest in a Senate bid but most national strategists believe he is a long shot. Former Rep. Mike Espy is also mentioned on the Democratic side but not considered a likely candidate.

This is about as bad of news as the GOP could stomach at this point. Already four other Republican Senators (Wayne Allard in Colorado; Pete Domenici in New Mexico; Chuck Hagel in Nebraska; and John Warner in Virginia) have announced their intention to retire, and one more (Larry Craig in Idaho) is not expected to run for reelection, either. As such, the Republicans now have to defend more seats than any caucus in more than a decade. What's more, the last time that one caucus had to defend at least five more open seats than its opposition -- the Republicans in 1958 -- the other side picked up 13 seats, including three in states in which the incumbent had retired. Although one wouldn't or shouldn't surmise from this historical fact that the Democrats are likely to pick up more than a dozen seats in the Senate this cycle, given the fact that the Democrats are defending fewer seats than the Republicans and that the Democratic Senatorial Campaign Committee holds more than a 2-to-1 cash-on-hand advantage over the National Republican Senatorial Campaign Committee the Democrats have a lot more resources to go on the offense than the Republicans do to go on the defense.

Compounding the Republicans' broad problem here is the fact that Moore is reportedly looking seriously at this race. As I've noted on a number of occasions, Moore sported a 65 percent favorable rating within Mississippi as recently as 2002, when he was still serving as the state's Attorney General, so he's a fairly popular figure who has a proven track record of winning statewide elections. Certainly, it has been more difficult for Democrats in recent cycles (heck, in recent decades) to win open seat federal races than open seat state or local races in the Deep South. That said, Republicans nationally continue to be significantly less popular than they have been in recent memory, and Moore is potentially as strong a candidate as the Democrats have fielded in such a race in a long time. So I wouldn't be tremendously surprised if, in the case of a Moore run, this becomes one of the most closely fought elections this cycle with the Democrats having a genuine opportunity of winning their first Senate election in the state since 1982.

Update [2007-11-26 17:23:46 by Jonathan Singer]: Not so fast, Mr. Barbour. Apparently, if Lott does retire by the end of the year -- as he seems intent to do -- the special election would have to be within 90 days of the resignation. In such a low turnout special election, a popular, big profile Democrat might be even more likely to be able to walk away with a victory...



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MS-Sen: 2008 Election; Moore Interested (none / 0)

Booyahkah.  Republican leadership can go out the window.  Lets send McConnell his way too!  I like the prospects of a Mississippi election if we can run Moore.  It will be interesting to see who Republicans put up.  


by JeremiahTheMessiah on Mon Nov 26, 2007 at 03:28:23 PM EST

How does this timing work out for Lott? (none / 0)

I thought Lott was retiring this year (2007) to be able to quickly become a lobbyist, which would be impossible if he were to retire next year (2008) because that is when the law will come into effect that makes him have to wait two years to become a lobbyist.

However, if he retires this year, the special election MUST take place within 90 days, whereas if he retires next year, it can take place in November (the former situation better for the Dems and the latter better for the Repubs).


by verasoie on Mon Nov 26, 2007 at 03:45:57 PM EST

Re: How does this timing work out for Lott? (none / 0)

I don't think Lott set an official timeline, but that's what it looks like is the issue.  

Lott wants to beat the new law, which means he has to resign before the beginning of 2008.  

Barbour wants Lott to resign after the beginning of 2008 so there is a Republican incumbent, raising money for more than 3 months.  Barbour calling for 2008 election is extremely telling, especially since the law would restrict him from doing that if Lott retires before the end of 2008.  


by JeremiahTheMessiah on Mon Nov 26, 2007 at 03:52:25 PM EST
[ Parent ]

Re: How does this timing work out for Lott? (none / 0)

I agree. Barbour doesn't have the authority to unilaterally decide when the election will take place. Basically, it all depends on Lott, and Lott's plans to splash in the K-Street trough get screwed if he resigns after 11:59pm on 12/31/2007. So, I think that this isn't settled, by a long shot. Barbour's trying to box Lott in.


by blueflorida on Mon Nov 26, 2007 at 03:58:44 PM EST
[ Parent ]

correct (none / 0)

Via Election Law Blog:
[I]f Sen. Lott retires this year (as he has an incentive to do to be able to lobby his colleagues in one year, rather than two under the new lobbying law), Gov. Barbour would have to call an election in early 2008, not November. As I read the statute, the Governor has 10 days to issue a proclamation setting a special election after receiving official notice of the vacancy, and it must be set within 90 days from the time of the proclamation. The only exception to this rule applies when "the vacancy shall occur in a year that there shall be held a general state or congressional election." In that case, the election is set for the same as the general election date. So the key question is the date of the "vacancy," not the date of the official notice or the date of the proclamation of the special election. If Lott indeed resigns in 2007, the vacancy is in 2007 and the election must occur under the 10/90 day rule described above.

by Adam B on Mon Nov 26, 2007 at 04:28:37 PM EST
[ Parent ]

Maybe not (none / 0)

As you note, the 90-day rule does not apply if "the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator,"  2007 is such a year, as Mississippi just held its state general election.  According to The Hill, the Mississippi Secretary of State's office is considering whether the language of this statute allows for the election to be held on "the general election day" of 2008 even though the vacancy itself occurred in 2007, a year in which was "held a general state or congressional election."

Even if this interpretation is incorrect, it's an interesting question.


by lorax on Mon Nov 26, 2007 at 06:03:30 PM EST
[ Parent ]

Re: Maybe not (none / 0)

Good catch. But, even the clause you cite isn't completely clear. One could argue that "shall occur in a year that there shall be held a general state or congressional election," refers to future elections and not past ones.


by blueflorida on Mon Nov 26, 2007 at 06:13:31 PM EST
[ Parent ]

Re: Maybe not (none / 0)

Very interesting.  I look forward to seeing how this one turns out.


by lorax on Mon Nov 26, 2007 at 06:51:21 PM EST
[ Parent ]

Will/shall rules (none / 0)

You wouldn't think you could have an an upper-division English course entirely devoted to modals but they happen. I contributed a paper on the four logical meanings of "It might have been" and showed why one of the four would never show up in practical use.

'I will' is a promise. 'I shall' is a prediction'. On the other hand:
"You will' is a prediction. 'You shall' is an order. The force of the words reverse depending on who is phrasing them. But one thing is abundantly clear. Both 'will' and 'shall' refer to future events.

I doubt that Mississippi has an official State grammarian, but they probably have a Professor of English at Ole Miss who can advise them on this. Not only the rules of grammar but simple logic explain that in the event of a state wide election between a resignation and the scheduled next election for that particular position you should allow the people to have their say. Try to extend that particular language to include elections past is a stretch.

Then again Haley has shown some amazing flexibility in the past. As RNC Chair he accepted a large check from the Chinese owner of a multi-national with a US unit on the deck of the owner's boat in Hong Kong harbor and 'explained' that it wasn't actually a foreign (and hence illegal) campaign contribution, no indeedy going to Hong Kong was apparently the easiest way to pick up a check from the US unit, and the owner of the overall company had nothing better to do with his time than carry water for his US affiliate.

Do you remember the outrage that incident sparked? Me either. IOKIYAAR. And Haley will find a way to make this all work. As an example he could have Lott retire next week, appoint a placeholder and schedule a 90 day election, then have the placeholder resign 'for health reasons', then call off the special in favor of the Fall election. The modern Republican Party is not in the habit of allowing things like Constitutions actually impede their actions.


by Bruce Webb on Tue Nov 27, 2007 at 12:44:56 PM EST
[ Parent ]

Wyoming (2.00 / 1)

Don't forget that they have a seat up in Wyoming that is de facto open due to the passing of Craig Thomas.


by RandyMI on Mon Nov 26, 2007 at 03:52:16 PM EST

Democratic Candidates (2.00 / 2)

Thoughts on Dem candidates --------

Fmr. AG Mike Moore: probably best possible candidate for Democrats. Well-regarded for his role in Mississippi's landmark lawsuit against tobacco companies in late 90s. Not progressive by national standards but certainly qualifies as pro-consumer, and not pro-business.

Fmr. Congressman Mike Espy: Not likely, mostly because he endorsed Haley Barbour for re-election against the Democratic nominee. Also, given the still quite substantial racially-polarized voting patterns in Mississippi, it's probably still not yet possible to elect an African-American statewide. However, Barbour is heavily-rumored to be vying for a VP nomination, and thus Espy could be a dark horse appointment to that Senate seat, as a way of Barbour proving for a national audience that he's not a racist despite his running on a "keep the  flag [honoring Mississippi's confederate heritage], change the governor" platform in 2003.

Fmr. Gov. Ronnie Musgrove: his divorce and re-marriage shortly after leaving office hurt his reputation, and he's seen as having bailed out on important political allies in MS when the going got tough during his term.

Cong. Gene Taylor: Interesting prospect who could do well with important swing constituency of populist white conservatives. Also, showed real leadership in helping to hold State Farm Insurance accountable for a rash of bad-faith claim denials. Not particularly well-known statewide, however.


by blueflorida on Mon Nov 26, 2007 at 04:22:42 PM EST

John Grisham (none / 0)

In the past John Grisham has been named as a potential candidate.


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Nov 26, 2007 at 08:52:44 PM EST
[ Parent ]

Re: Democratic Candidates (none / 0)

Did Ronnie Shows get elected statewide at some point?


Rrrinnggg... Time to change the government.
by Carl Nyberg on Mon Nov 26, 2007 at 08:58:31 PM EST
[ Parent ]

Re: Democratic Candidates (none / 0)

Shows never ran statewide after he was defeated in 2002. It's suspected that he might attempt a comeback either by going after Pickering's seat in '08, or attempting a statewide run in '11.
 
by blueflorida on Tue Nov 27, 2007 at 09:30:05 AM EST
[ Parent ]

I don't think the Red Neck white racists (none / 0)

of Mississippi are going to elect a Democratic Senator, but even if Barbour's anointed corporate drone wins he will still suck up money and organizing talent just to hold a formerly safe Republican seat.

If Lott hadn't resigned the Republican senatorial campaign committee would hardly have needed to help him out. He would easily have outraised and outspent any Democrat and won handily. Now, it's just another hole in the dike the Republicans have to fill.

They will have to spend big $ and fly in organizing talent to hold this seat and that's something they can ill afford considering all the other open seats and Republicans in trouble across the country.

It's about time those chickens came home to roost!


by Cugel on Mon Nov 26, 2007 at 05:06:14 PM EST

Re: I don't think the Red Neck white racists (none / 0)

Actually, Lott wouldn't even be up for re-election next year, having just been re-elected in 2006.  So even if the Republicans have to spend a dime on this seat, that's a dime less for other races that they normally wouldn't need here.


by RamblinDave on Tue Nov 27, 2007 at 07:48:51 AM EST
[ Parent ]

Other resignations (none / 0)

Jonathan,

Ted Stevens hasn't announced resignation or retiremet, and the DOJ hasn't announced indictment, but one or more of those is bound to happen soon.


by Edward Teller on Mon Nov 26, 2007 at 05:12:55 PM EST

Re: Other resignations (none / 0)

If Stevens were to run for re-election, is it likely there would be a republican primary challenge?


by desmoulins on Tue Nov 27, 2007 at 03:41:49 AM EST
[ Parent ]

Old Miss where the flag still glares.... (none / 0)

Just a little food for thought... Jonathan I wish I was as optimistic as you are about the possible hopes of a Dem in a 90 day special election.  The people of Mississippi are conservative to their inner - soul.  And whats so sad is that most of them are middle to lower class economically yet continue to vote against their economic and educational needs.  It seems like the only dems that could ever win a statewide election in good old Mississippi are the ones of the late 1950's or the ones' that disguise themselves as "social conservatives."  What a joke. Its truly sad.   Just a little food for thought...


by nzubechukwu on Mon Nov 26, 2007 at 08:28:05 PM EST


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