United States Senate special election in Mississippi, 2008

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Elections in Mississippi
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2004 · 2008


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Democratic: 2008
Republican: 2008


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2006 · 2008


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2003 · 2007


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2003 · 2007

The 2008 Mississippi Senate elections for both of its United States Senate seats was held on November 4, 2008. Senators serve six-year terms, and elections are typically rotated so that each state elects no more than one senator at a time. However, elections were held for both Mississippi seats, due to the December 2007 resignation of Class I Senator Trent Lott.

The seat held by Class II Senator Thad Cochran was regularly scheduled for election. Cochran, the state's senior senator, ran for his sixth consecutive term. He ran unopposed in the Republican primary. In the November general election, he faced former State Representative Erik R. Fleming, who defeated Shawn O'Hare in the Democratic primary with 66% of the vote.

A non-partisan special election was be held on the same day as the general election to fill the vacancy left by Lott's resignation. The winner will serve the remainder of Lott's term, until the next Class I election in 2012. The seat was temporarily held by Roger Wicker, a former Republican congressman who was appointed as interim senator after Lott's resignation. Wicker and Democrat Ronnie Musgrove, a former Mississippi governor, were among the candidates on the November ballot. The leading candidate would need to receive more than 50% of the vote, or the top two finishers would face each other in a runoff election to determine the winner.

The scheduling of the special election was challenged in court. The state's attorney general argued that the election should be held in March 2008, and a circuit court judge agreed; however, the decision was overturned by the Mississippi Supreme Court.

Contents

Election for Class II senate seat

2002 Flag of Mississippi 2014
United States Senate election in Mississippi, 2008
November 4, 2008
Nominee Thad Cochran Erik R. Fleming
Party Republican Democratic
Popular vote 723,304 449,845
Percentage 62% 38%
Incumbent Senator
Thad Cochran
Republican
Senator-Elect
Thad Cochran
Republican

Thad Cochran ran for reelection for the Class II senate seat and was unopposed within the Republican party.1 Erik Fleming won the Democratic nomination in the March 11, 2008 primary, winning 65.8% of the vote to opponent Shawn O'Hara's 34.2%.2

The general election to fill this office took place on November 4, 2008, with Cochran and Fleming on the ballot. CQ Politics rated the race as 'Safe Republican'.3 The Cook Political Report considered it 'Solid Republican'.4 The Rothenberg Political Report considered it a 'Safe Republican'.5

Candidates

Republican

Democratic

Polls

Poll Source Dates administered Democrat: Erik Fleming Republican: Thad Cochran
Rasmussen Reports June 26, 2008 32% 59%
Rasmussen Reports May 27, 2008 35% 58%

Election Results

2008 Mississippi U.S. Senator general election
Party Candidate Votes % ±%
Republican Thad Cochran 766,111 61.4 -23.2
Democratic Erik Fleming 480,915 38.6 n/a
Majority 285,196
Turnout 1,247,026
Republican hold Swing

Special election for Class I senate seat

2006 Flag of Mississippi 2012
United States Senate special election in Mississippi, 2008
November 4, 2008
Nominee Roger Wicker Ronnie Musgrove
Party Republican Democratic
Popular vote 649,302 525,088
Percentage 55% 45%
Incumbent Senator
Roger Wicker
Republican
Senator-Elect
Roger Wicker
Republican

On December 18, 2007, U.S. Senator Trent Lott resigned his Class I senate seat in his fourth term to pursue "something else" in the private sector.67 He went on to start a lobbying firm with former U.S. Senator John Breaux of Louisiana, converting his campaign reelection fund to a Political Action Committee.8

On December 31, 2007, Mississippi governor Haley Barbour appointed Roger Wicker to the seat vacated 13 days earlier by Sen. Trent Lott. Wicker then began his senate campaign.9

Early speculation suggested that Ronnie Musgrove, Mike Espy, Harvey Johnson, Jr., Ray Mabus, and Mike Moore may run for the Democrats1011, however only former governor Musgrove of the five decided to run. Another Democrat, former congressman Ronnie Shows also decided to run,12 but withdrew on February 19, 2008 after determining that he could not raise enough funds to effectively campaign against Wicker and Musgrove. Shows gave his endorsement to Musgrove.13

CQ Politics rated this race as 'Leans Republican'.14 The Cook Political Report considered it 'Toss Up'.15 The Rothenberg Political Report considered it a 'Narrow Advantage for Incumbent Party'.16

Election date controversy

After Wicker's interim appointment, a nonpartisan special election was required for a permanent replacement. There was a dispute about the date on which this should occur that boiled down to an interpretation of a Mississippi statute.17 After being notified of the resignation, Barbour had 100 days18 to set an election unless the vacancy occurs in a year when “there shall be held a general state or congressional election.”1920

Barbour argued that the rule meant "unless there is a general election within the next 365 days" whereas Mississippi Attorney General Democrat Jim Hood said it meant "unless the vacancy occurs in the same calendar year as a general election". Hood argued that the vacancy occurred in 2007 but the 2007 general election had already passed, and, therefore, the exception (the "unless") did not hold and the election had to be set within the statutory 100 days.19 He wanted the date of the special election to be March 11, 2008, the same day as Mississippi's presidential primary.17 Barbour, under his reading, set the special election the same day as the presidential election, November 4, 2008,17 which he maintained would provide greater voter participation since they have a higher turnout than primary elections.21 The issue went to court for resolution.

The Hinds County Circuit Court, siding with Hood, found the language of the statute unambiguous, and ruled that the election must take place no later than March 19.212223 However, on February 6, 2008 after Barbour appealed, the Mississippi Supreme Court reversed the Circuit judge and ruled that the election may be held on November 4. The majority determined the language to be ambiguous and hence Barbour's interpretation was permissible.1921 The dissenters said the majority "neglected the plain, commonsense language of the law", calling the opinion "gobbledygook".21

From a political perspective, a later election would provide Wicker more time to campaign and to prove himself in the Senate whereas an earlier election would have accordingly limited that benefit while possibly providing a better known candidate such as Musgrove the advantage of name recognition.24

Candidates

In the nonpartisan special election for the Class I senate seat, candidates were listed on the ballot without their party affiliation.25

Republican

Democratic

Polls

Poll Source Dates administered Democrat: Ronnie Musgrove Republican: Roger Wicker
Rasmussen Reports October 27, 2008 43% 54%
Research2000 for Daily Kos October 14-October 15, 2008 46% 47%
Rasmussen Reports September 30, 2008 47% 49%
Rasmussen Reports August 23, 2008 42% 47%
Rasmussen Reports July 28, 2008 42% 48%
Research2000 for Daily Kos July 23, 2008 44% 45%
Rasmussen Reports June 26, 2008 47% 48%
Rasmussen Reports May 27, 2008 47% 46%
Research 2000/Daily Kos May 19-May 21, 2008 42% 46%
Democratic Senatorial Campaign Committee/
Hamiliton Campaigns
May 15-May 18, 2008 48% 40%
Research 2000/Daily Kos December 10-December 12, 2007 39% 47%

Election Results

2008 Mississippi U.S. Senator special election
Party Candidate Votes % ±%
Republican Roger Wicker 683,409 55.0 -8.6
Democratic Ronnie Musgrove 560,064 45.0 +9.9
Majority 123,345
Turnout 1,243,473
Republican hold Swing

See also

References

  1. ^ "Editorial", Clarion-Ledger, March 9, 2008 
  2. ^ Election results from the Mississippi Secretary of State
  3. ^ Mississippi, U.S. Senate CQ Politics
  4. ^ 2008 Senate Race Ratings The Cook Political Report, September 18, 2008
  5. ^ 2008 Senate Ratings The Rothenberg Political Report, July 19, 2008
  6. ^ Nossiter, Adam and Herszenhorn, David M. (November 26, 2007), "Mississippi’s Lott to Leave Senate Seat", The New York Times, http://www.nytimes.com/2007/11/27/washington/27lott.html 
  7. ^ Kapochunas, Rachel (December 19, 2007), "Lott Officially Resigns, All Eyes Now on Barbour", Congressional Quarterly, http://www.cqpolitics.com/wmspage.cfm?parm1=5&docID=news-000002646810, retrieved on 18 May 2008 
  8. ^ Radelat, Ana (April 18, 2008), "Lott intends to keep clout on Capitol Hill", Hattiesburg American, http://www.hattiesburgamerican.com/apps/pbcs.dll/article?AID=/20080418/NEWS01/804180367/1002, retrieved on 17 May 2008 
  9. ^ Wicker launches Senate campaign | clarionledger.com | The Clarion-Ledger
  10. ^ "Wicker Launches Senate Campaign", The Clarion-Ledger, Jan 1, 2008
  11. ^ Democrat Finally Jumps into Mississippi Senate Race Yahoo! News Jan 7, 2008
  12. ^ Associated Press via The Hattiesburg American, January 5, 2008
  13. ^ Shows out of Senate race for Lott's seat | clarionledger.com | The Clarion-Ledger
  14. ^ Race Ratings Chart: Senate CQ Politics
  15. ^ 2008 Senate Race Ratings The Cook Political Report, October 9, 2008
  16. ^ 2008 Senate Ratings The Rothenberg Political Report, September 29, 2008
  17. ^ a b c Case, Bert (2007-12-31). "AG Challenges Timing of Senate Election". WLBT. Retrieved on 2008-06-28.
  18. ^ 10 days to announce when the election occurs, which then must occur before an additional 90 days have elapsed.
  19. ^ a b c Elliott Jr., Jack (2008-02-11). "Miss. Supreme Court wades into quandary and Barbour prevails — this time". The Associated Press. Retrieved on 2008-06-28.
  20. ^ "SEC. 23-15-855. Elections to fill vacancies in office of U.S. Senator; interim appointments by Governor.". LawNetCom, Inc.. Retrieved on 2008-06-28. "... shall be held within ninety (90) days ... unless the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator[.]"
  21. ^ a b c d Harrison, Bobby (2008-02-07). "Court upholds Barbour’s Nov. 4 date for election". Northeast Mississippi Daily Journal. Retrieved on 2008-06-28.
  22. ^ "Barbour's Attorney Appeals Special-Elex Ruling". WLBT (2008-01-16). Retrieved on 2008-06-28.
  23. ^ "Haley Barbour, Governor of the State of Mississippi v. The State of Mississippi Ex Rel. Attorney General Jim Hood" (PDF) p. 7. Supreme Court of Mississippi (2008-01-14). Retrieved on 2008-06-28.
  24. ^ Kalahar, Jon (2008-01-02). "Hood Files Suit to Have Special Election Earlier". WLBT. Retrieved on 2008-06-28. "An earlier election would give newly appointed Senator Roger Wicker less time to campaign and more opportunity for a candidate with more ane [sic] recognition to win a special election. With a November election, Wicker will have time to show Mississippians what he can do in the senate as well as campaign across the state."
  25. ^ See the official sample ballot from the May 2008 special election for Congress.

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  • This page was last modified on 6 January 2009, at 22:39.

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