Paul Bender

Professor Paul Bender was quoted in a recent Washington Post article titled, “As Gabrielle Giffords continues recovery, lawyers say Arizona statute won’t endanger seat.”

The Jan. 18 article by Phillip Rucker and Dana Hedgpeth discussed a buried Arizona state law that could put Rep. Giffords’ congressional seat in jeopardy after the Jan. 8 shooting in Tucson. The law says that, if a public officeholder is absent for three months, the office will be deemed vacant, and a special election could be held to fill the position. Bender argues that any law that determines a vacancy would have to be made by Congress as the U.S. Constitution provides the qualifications for Congress, not the state.

“The state has no right to say what the duties of a congresswoman are,” Bender said. “The state has no right to say when the office becomes vacant.”

Read the Post article here.

Bender was also quoted on the same topic in a Jan. 17 East Valley Tribune article by Howard Fischer of Capital Media Services titled, “Expert disputes effect of Arizona statute on Giffords’ congressional seat.”
“When a vacancy exists, it is up to Congress,” he said.

Read the Tribune article here.