The Staten Island Republican Party is having a terrible time finding a candidate to fill the vacancy left by retiring Republican Congressman Vito Fossella. The first choices of the Republicans declined to run, but they did find an acceptable candidate in Frank Powers. Unfortunately, Powers died several weeks ago.

Although four other Republican candidates are on the primary ballot, none have received the Republican Party backing needed to secure the nomination and fend off a Democratic takeover of the district.

The Republican Party decided to submit Powers nominating petition in hopes they can replace his name on the September primary ballot. Although the nominating petition includes a place to name a committee that will select an alternative in case a candidate dies, this is intended for use after a living candidate has submitted the nomination papers. Submitting nomination papers for a dead candidate is unprecedented.

State and New York City Board of Election officials are unsure how to proceed. New York City election officials have agreed to accept the documents, but state that the certification needs to follow. State election law does not specifically address this odd development.