Post by Feirmont on Mar 12, 2023 1:34:34 GMT -5
Amicus Curiae Brief, presented by Feirmont, probably current Legislator:
On the subject of elected officials and elections, from the Elections Act, Section 10:
"At the end of the voting period the Supervisor shall announce the result. The candidate with the most votes not already seated shall be deemed elected until all open positions are filled in turn. [...]"
It is my argument that no, there are no members of the Legislature between the start of an election and the conclusion of the normal election. The Elections Act states the positions are open, and are only filled once the election is over.
However, it is also my argument that the wording of this section of the Elections Act does indeed mean that once a legislator is elected to fill an open seat after the results have been announced they assume their duties as soon as the results are announced even if there is a run-off election, meaning there is a distinction between the normal and run-off election where the run-off election could be considered a "special election". This would also mean that the newly elected members of the Legislature after the conclusion of the normal election would make the decision to vacate the seats or begin a new election in the case of a run-off election, as per the Elections Act Section 11 (a).
I would like to thank the court for its time.