TRAFICANT CASE Ruling: Taft erred on election decision

YOUNGSTOWN -- A federal appeals court ruled today that Gov. Bob Taft should have scheduled a special election to fill the vacancy created when James A. Traficant Jr. was kicked out of Congress for bribery, racketeering and tax evasion.
Taft had opposed the special election primarily because it would have cost Mahoning, Trumbull and Columbiana counties $400,000 to hold it. He also rejected the idea because Traficant was expelled from Congress in July 2002, and the person who would have replaced him would have held office for only a brief time.
The American Civil Liberties Union filed the lawsuit claiming the 17th Congressional District was not being properly represented.
"We're going to carefully review the ruling with the attorneys at the Attorney General's Office," said Orest Holubec, Taft's spokesman.
The U.S. Constitution requires governors to order special elections when a congressional seat becomes open during a congressional term, the 6th U.S. Circuit Court of Appeals ruled 2-1.