Wednesday, April 28, 2010

29th CD: About that Lawsuit ...

We were dismissive at first about the suit brought by GOP County Chairmen in the 29th Congressional District to force the Governor to call a special election.   After all, State law places the decision within the Governor's discretion.

Our legal consultant, Algonquin DeVere, Esq., of the venerable old Mustard Street law firm Eaton, Beaton & Blone LLP, tells us, "Don't rush to judgment."  

Apparently a judicial decision in Ohio a few years ago ruled that state law on this subject may be superceded by the U.S. Constitution's guarantee of representation.   So maybe this lawsuit is more than tilting at windmills and ginning up publicity.

GOP candidate Tom Reed seems highly likely to win in November, so it would be Republicans nationally who probably stand the most to gain from an earlier win in a special election, which would be seen as momentum for the GOP going into the fall elections.

In Matthew Zeller, Democrats have followed Rahm Emanuel's playbook from 2006, running military veterans against Republicans in marginal House seats.   In addition to prevailing political conditions favoring the GOP, and the Republican registration advantage in the 29th CD, Zeller is disadvantaged by being virtually unkown in the district.   He only moved back from Washington earlier this month, to live in the district at the home of his aunt and uncle.

If the GOP Chairs win their suit, Zeller at least will have a dress rehearsal for the November election.

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