David Scott’s name staying on primary ballot after his death with future special election to fill seat

Rep. David Scott, D-Ga., questions HUD Secretary Marcia Fudge during the House Financial Services Committee hearing on July 20, 2021. | CBS

The death of U.S. Rep. David Scott has left an empty seat in the House and no incumbent on the ballot for the Georgia district he represented for over two decades.

The longtime Democratic lawmaker’s officer confirmed on Wednesday that Scott had died at the age of 80. At the time of his death, Scott was seeking a 13th term in Congress.

A spokesperson with the Georgia Secretary of State’s office confirmed with CBS News Atlanta that Scott’s name will remain on the ballot in the upcoming Democratic District 13 primary.

According to the spokesperson, Scott’s death came too late for them to reprint the ballots before early voting begins on Monday.

Any votes cast for Scott will not count for the May 19 primary. The spokesperson said that notices have been sent to absentee voters and will be posted in voting locations to ensure people understand the situation.

Candidates running in Georgia 13th District Democratic primary
With no incumbent in the race, voters will now choose between six candidates: Emanuel D. Jones, Everton Blair, Dr. Heavenly Elaine Kimes, Jasmine Clark, Jeffree Monroe Fauntleroy, and Joe N. Lester.

The number of candidates means it is possible that no one reaches the threshold of one more than 50 percent of the vote to win the primary outright. If that is the case, the two candidates who received the most votes will head to a runoff, set to take place on June 16.

Whoever eventually wins the primary will be on the midterm general election ballot against Republican Jonathan James Chavez, who is running unopposed for his party’s nomination.

Special election to be called for rest of Scott’s term
State officials will have to schedule a special election to fill out the rest of Scott’s term, which is likely to overlap with the elections to choose a representative for the next two-year term.

As Georgia law specifies, Gov. Brian Kemp will issue an executive order setting the date of the special election and outlining the timing for prospective candidates and early voting.

Like the primary, this special election could also be complicated with the chance of a runoff. Whichever candidate wins will serve the remainder of Scott’s term.

Georgia has already seen one special election to fill a vacant U.S. House seat this year: the state’s 14th Congressional District, which became empty after former Rep. Marjory Taylor Greene resigned from Congress.