The vacancy in the state Senate created by the resignation of William Denley of Wakefield is already attracting some potential candidates.
Denley resigned Saturday after he was arrested the previous day on a charge of driving while intoxicated. He was serving his first term in the Senate.
This was Denley's third drunken driving arrest, according to Lt. Mark O'Brien of the Wakefield Police Department. If convicted, Denley stands to lose his driver's license for five years in addition to facing a possible fine and imprisonment.
The election to fill Denley's position may be several months away. The Executive Council will likely approve the schedule for a special election at its next meeting. If no primary election is needed, the special election will likely take place April 21, according to the secretary of state's office. But if a primary vote is required in either the Democratic or Republican parties, then the primary vote will take place April 21 and the special election will be May 26.
Several possible candidates emerged yesterday. Former state GOP chairman Fergus Cullen said he's considering a run. And a spokeswoman for Democrat Bud Martin, who lost to Denley by 500 votes last year, said Martin is "definitely running."
Former state senator Joe Kenney, who represented the Third District for six years before running for governor last year, is also said to be considering a run for his old seat. Kenney did not return a phone call yesterday.
GOP activists said they hoped former congressman Jeb Bradley would consider running for the vacant seat. Reached at home yesterday, Bradley said he had made no decision on the matter.
"I am sure there are other Republicans who are willing to step forward," Bradley said. "We'll see what happens."
Cullen, who was chairman of the state GOP until last month, sits on the Wolfeboro Budget Committee and is a cross country coach at the town high school. Since getting married last year, Cullen said, he and his wife have tried to sell their two homes, one in Barrington and one in Wolfeboro.
Wolfeboro is in the Third District, while Barrington is not. Cullen said he continues to own a home in Wolfeboro, his car is registered in Wolfeboro and he votes in that town.
Cullen said he was weighing whether running for office would work for his family. He and his wife are expecting a child in the spring. He said he hoped Republicans would avoid a runoff election.
"I'm not intimidated by anyone in a primary, but I don't think having a primary would be desirable by anyone," Cullen said. "We'd like to avoid a primary, if we could."
Martin is a lawyer from Center Sandwich and a former judge on the district and family courts. He was a state representative in the 1960s and also served as Belknap County attorney.
Martin was a lifelong Republican before joining the Democratic Party a year ago. He said the Republican Party had grown too conservative on social issues for his taste.
Martin was on vacation yesterday and could not be reached. Janice Hammond, his assistant campaign manager last year, said Martin would be a candidate in the special election.
"He's excited for this opportunity," Hammond said. "He's always wanted to serve."
Sam Cataldo, a former Republican state representative who lost the GOP primary for the Senate seat, said he would run in the special election but only if no other Republicans signed up.
The Senate's District 3 includes the towns of Brookfield, Chatham, Conway, Eaton, Effingham, Farmington, Freedom, Madison, Middleton, Milton, Moultonboro, Ossipee, Sandwich, Tamworth, Wakefield and Wolfeboro.
Republicans have long had a lock on the district. But Ray Buckley, chairman of the New Hampshire Democratic Party, said Martin would be a strong candidate in a special election, especially considering he lost to Denley by less than 2 percent of the vote last year. Buckley said he expected Martin to have a clear shot at the Democratic nomination.
"Of everyone I've spoken to, they certainly would defer to Bud Martin," Buckley said. "I suspect everyone will quickly rally around him and support him fully."
Peter Bragdon, the Senate minority leader, said GOP leaders were talking to a number of potential candidates. He said a strong candidate would need to be well-known from the start, since special elections tend to attract a small number of committed voters.
"The turnout could be a real wild card at that point, so you're looking for people who have name recognition amongst party activists," Bragdon said.
Bragdon said he received a call from Denley on Saturday morning telling him of the DWI arrest. Later that day, Denley submitted his resignation to Gov. John Lynch, Secretary of State Bill Gardner and Senate President Sylvia Larsen. Bragdon said it was Denley's idea to step down.
"The first comments out of his mouth were, 'I think I need to resign,' " Bragdon said.
In Denley's absence, the Senate will vote on several pieces of legislation. Perhaps the most closely watched is a bill mandating adult seatbelt use. The bill passed the House last week, but a similar bill was defeated in the Senate two years ago.
Elaine Frank, who leads the Seat Belts for All Coalition, said she wasn't certain how Denley would have voted on the seatbelt bill, but she assumed he would have opposed it.
She said his absence will move the drive for a seatbelt law a bit closer to success.
"It is going to be tight," Frank said yesterday. "Both sides are counting votes and looking for who is likely to change their vote from last time. We're working hard to secure enough votes."