Scenario 1 Vacancy occurs before Feb 1
Scenario 2 Vacancy occurs after Feb 1
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Vacancy in Office
Vacancies and Future Eligibility
Section 2 . B . prohibits a State from running for an office it just held ( except in States of Emergency ). However , if someone gets elected to an office and then resigns one month into their term , would it be fair to prevent the State from running for that office again ? What about the person who replaces them ?
The Constitution solves this issue by setting a cutoff date : February 1st .
If the vacancy occurs before that date , then the former officer ’ s State won ’ t be considered to have held the office , and it can still run a candidate for that office at the next Convention . However , the State filling the office won ’ t be able to run for it ( assuming no further vacancies before February 1st ).
If the vacancy occurs after that date , then it ’ s the opposite . The State filling the office can run for it again , whereas the State that originally held the office cannot .
Exempli gratia …
Let ’ s say that a Virginian is elected NJCL Editor but resigns during their term , creating a vacancy . Then , a Texan is appointed to replace them .
Scenario 1 Vacancy occurs before Feb 1
- Virginia is considered to have NOT held the office .
- Assuming no further vacancies , Texas will be considered to have held the office .
At the Next Convention : - Virginia may run for Editor . - Texas may NOT run for Editor .
Scenario 2 Vacancy occurs after Feb 1
- Virginia is considered to have held the office .
- Texas will be considered to have NOT held the office .
At the Next Convention : - Virginia may NOT run for Editor . - Texas may run for Editor .