Talk:Marlin Stutzman

Swearing in date

I have talked to two very intelligent political science professors about this and they agree that it should be listed as the date they took office, not the date they won office. You can not constitutionally serve in two offices at once. Stutzman was, without a doubt, still a State Senator on the second. He was most certainly not a Congressman. He did not serve in both offices at once. This is very similar to the Roland Burris and Micahael Bennet debate. I know it is different as they are Senators but the end result should be the same: you take office the day you are sworn in. Ask anyone with political knowledge. He even lists the date he assumed office as the 16th on his official Congressional site: http://stutzman.house.gov/news/press-releases/2010/11/us-representative-marlin-stutzman-sworn-in.shtml This needs to be changed, as do the other edits made on other Congressional special election winners. It is not accurate at all and there is no standing to list it as the date they won. — Preceding unsigned comment added by Politicsislife (talk • contribs) 16:44, 2 January 2011 (UTC)

Dcmacnut cited 2 USC 37 that concerns people elected to unexpired terms, which Stutzman was, and Stutzman gets paid from the day of the election forward, which happens because he was instated upon election. Stutzman taking office upon election is also in his official congressional biography. Note how his press release mentions a swearing in and not taking office - a swearing in is not necessary for the start of a term, for federal offices the 20th amendment regulates their starting terms in a regular election as automatic without any mention of the date depending on a swearing in, and in this special election case there is the federal law mentioned by Dcmacnut. I see no source provided about him serving in two offices, and some science professors' opinion is wonderful but fails the verifiability principal. Hekerui (talk) 17:25, 2 January 2011 (UTC)

(ec) I had sent the Office of the Clerk an email about this, and here's what he sent me: [1]. So it appears that the others are correct that the date of assuming office is the date of the election. This makes little sense to me either because he wasn't officially working until he was sworn in, seniority is based on the swearing-in date, and the results might not be certified until a while after the election, but it's right. And while the US constitution only forbids holding two federal offices at once, the Indiana constitution Art. 2, Sec. 9 says "No person holding a lucrative office or appointment under the United States or under this State is eligible to a seat in the General Assembly", so his Senate seat must have automatically expired on the 2nd. Reywas92^Talk 17:49, 2 January 2011 (UTC)

The Biographical Directory of the United States Congress has it as Nov 2, here: Upon the certification of the results of the election by the Indiana Secretary of State, his credentials were drafted and signed (I do not know who signed his, states vary between governor and secretary of state, or both). Once his credentials were received, normally by the (office of the) clerk of the house, a swearing in was scheduled, released to the Executive & Judicial branches, and within the Legislative, and then performed. His date of office are backdated to eligibility date, but seniority depends upon how quickly individuals and states get the process done. Some states have long periods for absentee civilian and military ballots, and a variety of recount possibilities. Many things can go wrong, and have; historically, some have died before they are sworn in. Unlike the Supreme Court, where they were not Justices, members of Congress still are still listed if they won the election. It is then up to state law to determine what may have occurred in error, although in some cases revoting of measures passed by 1 vote, whether simple majority, 2/3s, or 3/4s has been found to be required and conducted. The rest of the time, they tend to ignore it, as what's done is done. Regardless, read the references but stop the edit warring. Pax Wikipedia. 75.204.136.26 (talk) 20:49, 2 January 2011 (UTC)

I have a link that I think wraps this debate up. It is a House Roll Call vote from the 15th of November. It has the 3rd Congressional district as not having a Congressman. http://clerk.house.gov/evs/2010/roll566.xml — Preceding unsigned comment added by Politicsislife (talk • contribs) 23:18, 2 January 2011 (UTC)

He started voting after he arrived in DC, but he took office following the election. Also, one can be in office and not vote, the roll call doesn't reveal this. Hekerui (talk) 00:32, 3 January 2011 (UTC)

He couldn’t vote until he was sworn in. Had he just not been there to vote it would have had him in the not voting category. What the non partisan reputable link clearly says is there was no representative for the third district on the 15th. — Preceding unsigned comment added by Politicsislife (talk • contribs) 01:56, 3 January 2011 (UTC)

References

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