Can Justin Fairfax Run Again if Northam Resigns
If Justin Fairfax Is Forced Out in Virginia, Who'due south Next in Line?
Coalescing scandals have engulfed Virginia's leaders, plunging the land into political free fall.
Get-go, Gov. Ralph Northam came nether fire for a racist yearbook photo, which he acknowledged and then denied actualization in. He likewise admitted to wearing greasepaint to dress up as Michael Jackson in the 1980s.
So Lt. Gov. Justin E. Fairfax was accused of sexual assail by two women, allegations he has strongly denied. And the state'south third-ranking elected official in Virginia, Attorney General Marking R. Herring, has acknowledged that he, too, wore blackface as a younger man.
Only a calendar week ago, it seemed that Mr. Fairfax, who is African-American, was poised to ascend to the governorship and lead Virginia through a reckoning with its painful history on race. But at present he is facing the threat of impeachment proceedings, while the state'due south other two superlative leaders, both white, are resisting calls to quit over by racist deport.
Here is what the law says about removing Virginia politicians from office, why Mr. Fairfax's case could throw gasoline on this political burn down and what could happen next if Mr. Fairfax were to exist forced out of role.
[Catching upwards? Read this timeline of how the scandals unfolded over 9 days in Virginia.]
What is the line of succession in Virginia?
Mr. Northam has so far withstood calls for his resignation. Just if he were to step down, Mr. Fairfax is next in line, followed by Mr. Herring, the chaser full general. All iii are Democrats.
If all 3 men — Mr. Northam, Mr. Fairfax and Mr. Herring — were to resign without firsthand replacements, Kirk Cox, the Republican speaker of the Firm of Delegates, would become governor. "I have never been in blackface, unequivocal," Mr. Cox said this by week.
If they don't resign, what is the bar for removal?
In the case of the governor, there are two possible paths for removal: He could be impeached for "malfeasance in part, corruption, neglect of duty, or other high crime or misdemeanor," according to the Virginia Constitution. Or he could be removed in the event that he is physically or mentally unfit for part, according to John Dinan, a professor of politics at Wake Woods Academy who wrote a volume on the Virginia Constitution.
Information technology would be hard to remove Mr. Northam from office over the current allegations on either basis, Dr. Dinan said.
The lieutenant governor and attorney general tin be removed only through impeachment, which could besides be an "uphill claiming" in these cases, Dr. Dinan said.
"Impeachment is seen as applying to a limited set of cases, generally committed while one is in office or in the pursuit of office," he said.
The blackface incidents involving the governor and attorney general date to the 1980s, and Mr. Fairfax, who was sworn in as lieutenant governor last yr, is accused of sexual assault in two cases from the 2000s.
Why is Justin Fairfax at risk of removal?
Experts said the case for impeachment against Mr. Fairfax could exist stronger because he is accused of serious criminal behave.
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Vanessa C. Tyson, a professor of political science from California, recently came forrard to say she was sexually assaulted by Mr. Fairfax during the 2004 Democratic National Convention in Boston. It began with kissing that was "not unwelcome," she said, but rapidly escalated into nonconsensual oral sexual practice.
A second woman, Meredith Watson, defendant Mr. Fairfax of raping her in 2000 while they were students at Duke Academy. She said the assault was similar to the one described past Dr. Tyson.
Mr. Fairfax has denied the accusations and called for an investigation.
While Mr. Fairfax and Mr. Northam have both been besieged past calls to step down, Mr. Fairfax is now the one facing an imminent threat of removal. A Democratic state legislator has vowed to innovate manufactures of impeachment if Mr. Fairfax does not quit by Mon.
Impeachment and removal would crave a majority vote in the Virginia House of Delegates and support from ii-thirds of the State Senate, experts said. Virginia's legislature is narrowly controlled by Republicans, although Mr. Fairfax has besides lost support within his party.
"Things look rather dim for him," said Larry J. Sabato, the director of the Center for Politics at the University of Virginia. But he cautioned against speculation in the midst of a political storm.
"Recollect," he said, "a week ago, nosotros thought the lights were out for Northam."
If the lieutenant governor role opens up, what would happen side by side?
In that location is no clear succession plan should Mr. Fairfax leave office, and because of conflicting laws and interpretations, a political fight could explode over how to replace him.
The Virginia Constitution says that when there is no explicit provision for how to fill a vacancy, the governor appoints a replacement to serve until the next regularly scheduled election. "It's the catchall clause," said Dr. Dinan.
Separately, a Virginia law says that if the lieutenant governor's role is vacant, the president pro tempore of the State Senate would "discharge the duties of the function," Dr. Dinan said. But the Constitution makes a point to say that is non the aforementioned thing as filling a vacancy, he said. The president pro tempore "is just discharging the duties temporarily," he said.
In 1982, the chaser general's function weighed in on the conflict in a ruling that said "the governor has the discretionary power to fill up a vacancy in the role of lieutenant governor."
Senior Virginia Democrats are making the case that Mr. Northam should appoint State Senator Jennifer McClellan to replace Mr. Fairfax. Ms. McClellan, who is black, is a longtime Richmond legislator who has a shut relationship with United States Senator Tim Kaine.
But political opponents of Mr. Northam are likely to balk at allowing him to choose the next lieutenant governor, at a fourth dimension when he is under a cloud of mistrust.
Either way, experts said the solution would most probable be brusk term, until voters could elect a long-term replacement in a special election in November.
"In that location is no manner to know for sure how this is going to play out," Dr. Sabato said.
Source: https://www.nytimes.com/2019/02/09/us/politics/line-of-succession-virginia.html
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