HOUSE DOCKET, NO. 3483        FILED ON: 1/31/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 54

The Commonwealth of Massachusetts

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PRESENTED BY:

Robert A. DeLeo and Bradley H. Jones, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying resolution:

Resolutions expressing the sense of the House of Representatives that a temporarily appointed United States Senator should not be a candidate in the ensuing special election.

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PETITION OF:

HOUSE DOCKET, NO. 3483        FILED ON: 1/31/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 54

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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Resolutions expressing the sense of the House of Representatives that a temporarily appointed United States Senator should not be a candidate in the ensuing special election.

WHEREAS, THERE IS A VACANCY IN THE OFFICE OF UNITED STATES SENATOR FOLLOWING THE CONFIRMATION OF SENATOR KERRY TO THE OFFICE OF UNITED STATES SECRETARY OF STATE; AND

WHEREAS, THE CURRENT STATUTE AUTHORIZES THE GOVERNOR TO APPOINT AN INTERIM UNITED STATES SENATOR PENDING A SPECIAL ELECTION; AND

WHEREAS, AN APPOINTED SENATOR WILL NOT HAVE BEEN ELECTED BY THE PEOPLE, BUT WILL HAVE BEEN CHOSEN TO TEMPORARILY REPRESENT THE PEOPLE; AND

WHEREAS, SITTING SENATORS ELECTED BY THE PEOPLE OF THE COMMONWEALTH HAVE HISTORICALLY ENJOYED A SUBSTANTIAL ADVANTAGE OF INCUMBENCY; AND

WHEREAS, A TEMPORARY APPOINTMENT MIGHT PROVIDE AN APPOINTEE WITH A SIMILAR ADVANTAGE WITHOUT THE PEOPLE HAVING EXPRESSED THEIR WILL; AND

WHEREAS, THE INTENT OF THE GENERAL COURT IN AMENDING THE STATUTE IN 2009 TO AUTHORIZE  THE GOVERNOR TO APPOINT AN INTERIM  SENATOR WAS THAT THE INTERIM APPOINTEE SHALL NOT BE A CANDIDATE IN THE SPECIAL ELECTION AND SHALL NOT ACTIVELY CAMPAIGN ON BEHALF OF ANY CANDIDATE; AND

WHEREAS, IN 2009 THE GENERAL COURT ADOPTED A SIMILAR RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT A TEMPORARILY APPOINTED UNITED STATES SENATOR SHOULD NOT BE A CANDIDATE IN THE ENSUING SPECIAL ELECTION; AND THEREFORE BE IT

RESOLVED, THAT THE MASSACHUSETTS HOUSE OF REPRESENTATIVES STRONGLY DISCOURAGES A SENATOR WHO TAKES OFFICE AS A RESULT OF A GUBERNATORIAL APPOINTMENT FROM BECOMING A CANDIDATE OR ENDORSING ANY CANDIDATE IN THE SPECIAL ELECTION THAT IMMEDIATELY FOLLOWS SUCH AN APPOINTMENT; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THESE RESOLUTIONS SHALL BE MADE PUBLIC.