Can I get a definitive answer? I heard Maddow say that Palin will pick the next Senator from Alaska

[IsItJustMe]

to replace Stevens. Then I heard that Alaska with have to have a special election to determine who Stevens replacement will be.

I have heard both of these scenarios, in both the msm and here at DU. No one seems to really know.

Do you?

[Uben]

1. How about this....

....Palin picks a replacement until the next state elections, wherein a replacement will be voted on by the citizens of Alaska.

[JPZenger]

2. If Stevens is elected, the Senate has to remove him

There is no prohibition on a Senator being a convicted felon. 2/3rds of the seat would have to vote to throw him out of office.

The voters were told they were voting for the party, not the person. Many knew that Palin would get to pick the guy who really will fill the seat. I think a special election is then held later to complete the term.

[theboss]

3. I believe she picks a replacement until the special election (assuming he is removed)

Not sure when that would be though. Possibly 2010?

Anyway, it's going to be a Republican.

My spider sense tells me that Stevens ain't going anywhere though.

[crispini]

4. I've read on here, in posts by an Alaskan,

that there would need to be a special election. No linky tho, sorry.

[No Elephants]

5. Got Google?

[IsItJustMe]

9. Yes, I have tried that, but in all honesty, I guess I am not smart enough to navigate the intertubes

[Sedona]

6. I LOVE me some Rachael but she's wrong about this

as was Randi Rhodes yesterday

http://en.wikipedia.org/wiki/United_States_Senate#Vacancies

[IsItJustMe]

8. Bingo. Thank you very much.

[Beausoleil]

11. It's a little more complicated

Here's a good rundown of the issue:

http://www.dailykos.com/story/2008/11/5/161042/942

This is how the Alaska Legislature left the issue:

"When a vacancy occurs in the office of United States senator, the governor may, at least five days after the date of the vacancy but within 30 days after the date of the vacancy, appoint a qualified individual to fill the vacancy temporarily until the results of the special election called to fill the vacancy are certified. If a special election is not called for the reasons set out in AS 15.40.140, the individual shall fill the vacancy temporarily until the results of the next general election are certified."


However:

"an initiative petition was started to completely eliminate the power of the governor to make any appointment. Supporters of the legislative enactment filed suit to stop the initiative, arguing that the legislature had passed a substantially similar law, and the initiative was therefore barred under Alaska law. The Alaska Supreme Court ruled that the laws were not substantially similar, because the initiative completely prohibited any interim appointment.

The initiative passed. Under normal rules of legislative interpretation, the initiative would trump the legislative enactment simply because it was more recently enacted.

However, this takes us back to the 17th Amendment to the United States Constitution. The supreme law of the land says that there will be an election, but that the legislature may empower the governor to make an interim appointment.

There is an argument to be made that the Alaska legislature has granted this power to the governor, and that the people have no say in the matter by way of initiative."

It will probably have to be decided by the Alaska Supreme Court. At most she will only be able to make an interim appointment.

[meow mix]

7. or she'll resign.. replacement will pick her for the senate

=/

[bigwillq]

10. That's what Maddow said (nt)

[Historic NY]

12. only if she gets a clothing & housing allowance

[DeschutesRiver]

13. Rachel said that a potential scenerio that would allow Palin to be the replacement senator is:

first, they kick out Stevens due to the felony (takes 2/3s??). Then Sarah resigns as Governor of Alaska, which elevates her lieutenant governor to the top governor position.

The former lt. gov/now governor can appoint someone to fill Stevens seat, which will be Sarah Palin.

Rachael gave an example of this happening in the past in Kentucky - can't remember the names involved, probably out there on google.