There is alreadycontroversy over the date for a replacement election for Senator Lott. Gov Barbour has issued this statement setting the date for Nov. 4, 2008. But The Hill reports : “The timing of Sen. Trent Lott’s (R-Miss.) resignation has opened legal questions about the date of the special election, which state officials were still trying to clarify Monday afternoon. Gov. Haley Barbour (R) said in a statement Monday that he would schedule the special election for the same day as the November 2008 general election. State law, however, appears to require an earlier date if Lott retires this year, as he said he would.”
The relevant Elections Code provision is here. I agree with the reporter from The Hill that if Sen. Lott retires this year (as he has an incentive to do to be able to lobby his colleagues in one year, rather than two under the new lobbying law), Gov. Barbour would have to call an election in early 2008, not November. As I read the statute, the Governor has 10 days to issue a proclamation setting a special election after receiving official notice of the vacancy, and it must be set within 90 days from the time of the proclamation. The only exception to this rule applies when “the vacancy shall occur in a year that there shall be held a general state or congressional election.” In that case, the election is set for the same as the general election date. So the key question is the date of the “vacancy,” not the date of the official notice or the date of the proclamation of the special election. If Lott indeed resigns in 2007, the vacancy is in 2007 and the election must occur under the 10/90 day rule described above.
Thanks to DavidNYC for sending me the relevant links.