User talk:KingKrisLord

A similar situation to the expelling of George Santos from Congress happened to another New York Congressman named Adam Clayton Powell Jr. who was not allowed to take his Congressional seat after he won reelection for New York's 18th congressional district for the 90th United States Congress. In November of 1966, towards the end of his term in the 89th United States Congress, Adam Clayton Powell Jr., was reelected by the people to sit in New York's 18th congressional district for the 90th United States Congress. But in December of 1966, he was investigated by "a special subcommittee of the Committee on House Administration"^[1] which found that "he had misused the finances of the Education and Labor Committee."^[1] On January 9, 1967, "the House Democratic Caucus...strip[ped] Powell of his committee chair ."^[1] On January 10, 1967, the Members of Congress refused to swear him in. A select committee that was established to determine if he should be seated, recommended that he should be sworn in, but that he should also be "censured, fined, and stripped of seniority. "^[1] In a departure from the select committee's recommendations, on March 1, 1967, the Congress voted that he be excluded from Congress.^[1]

On March 6, 1967, the Governor of New York at that time, Nelson Rockefeller, proclaimed a special election to be held April 11, 1967.^[2] But on March 7, 1967, Powell wanted to sue Rockefeller to prevent him from calling this special election.^[2] Even Rockefeller's aides were concerned about how a special election would "antagonize" the voters of NY's 18th Congressional district.^[2] Upon information and belief, Adam Clayton Powell Jr. ran in the special election unopposed by members of his own party. He was reelected with 86% of the vote to the vacant seat due to his exclusion in the 90th Congress,^[3] but he refused to take his seat. He ran again in the November 5, 1968 election and won re-election with 80.8% of the vote. On January 3, 1969, he returned to be seated in the 91st Congress and was permitted by the Members of Congress to be sworn in,^[3] but they "voted to deny him his seniority and to fine him for misusing payroll and travel finances."^[1] "In June [of 1969], the U.S. Supreme Court ruled in Powell v. McCormack, that the House had acted unconstitutionally when it had excluded him [on March 1, 1967]."^[3]

The last time the State of New York was confronted with a similar issue of needing to replace an elected Member of Congress who was excluded from his seat by Congress, a New York special election was unable to fill that vacant seat.

A special election is NOT New York's only option to fill George Santos' vacant seat. If it was, why would New York Law per NY PBO §42(3)^[4] state that the Governor would need ten days to proclaim a special election to fill a vacant seat? Why not automate a special election without the Governor's input? Obviously, the Governor would need to think about the implications of calling a special election to fill the vacant seat. Also, what will happen if ten days expire and Governor Hochul does not proclaim a special election? The Fourteenth Amendment to the United States Constitution authorizes Governor Hochul to ignore even Constitutional law if it harms the immunities and privileges of US citizens.

"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)^[4] 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, 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...".^[4] 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 representative George Santos was expelled from the House on December 1, 2023,^[5] 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.^[5] New York state law effectively requires that the election be held between 70 and 90 days after the vacancy is created,^[5] and party officials expect it to be held in mid-to-late February 2024.^[6] 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."^[7] 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^[7] 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."

Not an unblock request. --jpgordon^{𝄢𝄆𝄐𝄇} 05:54, 6 December 2023 (UTC)[reply]