I am sure that you saw this morning, but the CCGOP’s lawsuit against Assemblywoman-not-elect Gabby Mosquera was successful, to an extent. A judge has enjoined Mosquera from taking the oath of office, but for some reason will allow the Democrats to appoint someone to fill the seat until a special election in 2012, the only Assembly election that will likely be taking place in the Presidential election cycle.
Well, in a incredibly stupid show of bravado, a source has informed me that Mosquera is being considered for the appointment to fill the seat that she illegally ran for. As I stated in my previous post, I think it is somewhat absurd that the Democrats are allowed to appoint a candidate to the seat. My initial reaction was actually incorrect, and I’ll be the first to admit it. The votes for Gabby are not voided by virtue of the fact that she was an illegal candidate, no matter how much sense that makes. However, the outcome should be one of two options.
- No one assumes the seat and it remains vacant until 2013 when it would normally come up for reelection again.
- The Republicans appoint someone to fill the seat for a special election term in 2012 because former Assemblyman DiCicco, a victim of redistricting in 2011, was the last elected official to serve in LD4.
Any other solution seems to be a bit manufactured. As I expected, this litigation is going to continue. The Democrats will surely appeal, and likewise the Republicans will probably appeal as well to achieve one of the two legally sound options above.
The attorney for Lovett and the CCGOP has also stated publicly that they will sue again if Mosquera is appointed to the seat.
Callnig all cars, calling all cars, we're ready to make a deal.