2024 New York's 3rd congressional district special election: Difference between revisions

The '''2024 New York's 3rd congressional district special election''' is a special election to the [[United States House of Representatives]] that may or may not be held to fill [[New York's 3rd congressional district]] vacant seat for the remainder of the [[118th United States Congress]] if Governor [[Kathy Hochul]] makes a proclamation to do so per NY PBO §42(3)<ref name=":0">{{Cite web |title=NYS Open Legislation {{!}} NYSenate.gov |url=https://www.nysenate.gov/legislation/laws/PBO/42 |access-date=2023-12-02 |website=www.nysenate.gov}}</ref> and decides not to utilize her rights, authorities and powers granted her by [[Article Six of the United States Constitution]], the [[Ninth Amendment to the United States Constitution|Ninth Amendment to the United States Constitution,]] and the [[Tenth Amendment to the United States Constitution]] to appoint anyone qualified to fill that vacant seat for a period extending to or beyond the next general election. NY PBO §42(3) in part legally declares: "...upon the occurrence of a vacancy in any elective office which cannot be filled by appointment for a period extending to or beyond the next general election..."<ref name=":0" />. There is zero indication that this seat cannot be filled by appointment since [[Article Six of the United States Constitution]] orders Governor [[Kathy Hochul]] to abide by the Constitution, which is the supreme Law of the Land, while ignoring the New York State Constitution and ignoring all New York Laws, the [[Ninth Amendment to the United States Constitution]] confers upon her rights to fill any vacant seat by appointment only, and the [[Tenth Amendment to the United States Constitution]] confers upon her authorities to use powers to fill this vacant seat by appointment since the federal government is not mandated to fill it by appointment and the state government is not forbidden from filling it by appointment. Ultimately, it would be Governor [[Kathy Hochul]]'s choice whether or not to fill it by appointment. Although it is a true fact that the seat became vacant after incumbent [[Republican Party (United States)|Republican]] representative [[George Santos]] was expelled from the House on December 1, 2023<ref name="nbc-sets-up">{{cite news |last1=Bowman |first1=Bridget |title=George Santos' exit sets up a competitive special election |url=https://www.nbcnews.com/politics/2024-election/george-santos-exit-sets-competitive-special-election-rcna127236 |access-date=December 1, 2023 |work=[[NBC News]] |date=December 1, 2023 |language=en}}</ref>, it is currently a false fact that there will be a New York special election, instead of appointment because Governor [[Kathy Hochul]] has not yet issued a proclamation to do so. There will not be a [[primary election]], but if Governor [[Kathy Hochul]] were to proclaim that New York hold a special election, then county party officials would choose their party's nominee.<ref name="nbc-sets-up" /> New York state law effectively requires that the election be held between 70 and 90 days after the vacancy is created,<ref name="nbc-sets-up" /> and party officials expect it to be held in mid-to-late February 2024.<ref name="NYT Dec 1" /> But party officials and their expectations hinge on Governor [[Kathy Hochul]]'s decision to proclaim that special election.

Note: An election to fill New York's 3rd congressional district seat has already occurred, therefore Governor [[Kathy Hochul]] has the sole authority to appoint anyone she wants to fill that vacant seat. It would be a breach of the [[Fourteenth Amendment to the United States Constitution]] for the Governor to "make or enforce any law which shall abridge the privileges or immunities of citizens of the United States" who voted and elected George Santos to fill New York's 3rd congressional district seat. Not only was it their privilege to vote for George Santos, since they did not discard their voting rights when they sacrificed their freedom and time to vote for him, but now that the vote has happened, they and their votes are immune from prosecution per Section 2 of [[Article Four of the United States Constitution]] and Section 1 of the [[Fourteenth Amendment to the United States Constitution]]. Governor [[Kathy Hochul]] cannot accuse the voters who elected George Santos to fill New York's 3rd congressional district seat as guilty; in other words, George Santos' voters are immune from being declared guilty regardless of Congress' decision to expel him. To force a special election would be tantamount to condemning as guilty voters who elected George Santos and to denying them their vote in breach of Section 1 of the [[Fifteenth Amendment to the United States Constitution]]. Moreover, the voters of New York's 3rd congressional district have equal protection under the laws per the [[Fourteenth Amendment to the United States Constitution]], which means Governor [[Kathy Hochul]] cannot treat that district's voters differently than any other district's voters. The voters have the right to plead the [[Fifth Amendment to the United States Constitution]] by not being "forced to say things that could be used against them in court."<ref name=":1">{{Cite book |last=KENNEDY |first=KATIE |title=THE CONSTITUTION DECODED: A GUIDE TO THE DOCUMENT THAT SHAPES OUR NATION |publisher=WORKMAN PUBLISHING COMPANY |year=2020 |isbn=978-1-5235-1044-3 |edition=1st |location=New York, NY}}</ref> If another election for the same seat and term were held, then voters would be testifying against themselves by admitting that they knew their original vote was criminal election tampering; voting rolls could be exhumed, used as evidence against them, and they would all be prosecuted in the court of law. The only way to preserve the voters' innocence and their integral votes would be that Governor [[Kathy Hochul]] exert Executive Authority given her in Section 2 of [[Article One of the United States Constitution]] to be the sole voter to elect a replacement as she is the sole Executive Authority to make an oath to support the Constitution<ref name=":1" /> on behalf of the entire state of New York; she must appoint someone to the seat if she is to exert Citizen Immunity. Of course, since she is the Chief Executive for the State of New York, she can choose what laws to enforce and what not to enforce because she is currently the sole Person overseeing this vacant seat who has Executive Immunity.