If Johnson doesn't return to the Senate, it is not clear if a special election occurs or not

[still_one]

"However, in the case of South Dakota, the decision falls to Rounds, whose appointment would serve as senator until a special election held between 80 and 90 days after the vacancy.

A different statute, though, says that the election would take place in 2008, adding that, "The general election laws shall apply unless inconsistent with this chapter."

It is unclear at this time which of these seemingly conflicting procedures takes precedence over the other."


http://www.rawstory.com/news/2006/Senator_Tim_Johnson_reportedly_suffers_stroke_1213.html

[bobbie]

1. Operation Mockingbird lives

...

[still_one]

2. Then explain to me how come we won the HOUSE?

and look at the latest polling of this administration

They sure aren't doing a good job of influencing the general public. In fact they are about to be exposed by the House

[bobbie]

4. You're illogical. Just because they don't always suceed doesn't mean they're not trying

C'mon. They have the media in their pockets.

[still_one]

7. Please refer to my post below

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2915676&mesg_id=2915732

Incidently, I am not denying they are trying to influence the media, but in reality both sides do. Lyndon Johnson did it with the Gulf of Tonkin resolution which go us into Viet Nam big time

The internet is the new fourth estate which will help control the disinformation because it is by the people and for the people

[bobbie]

8. I understand now, thank you

My apologies

[still_one]

10. Please don't appologize, we are just having a discussion

The internet is what will keep things honest. At least today, they can't control that easily, because there are enough eyes to prevent misinformation

[Roland99]

3. Oh good grief. Don't spread this in every thread on Johnson

:eyes:

[Name removed]

5. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Roland99]

11. I'm the silly person? I'm not the one wearing the super-thick tinfoil hat.

[bobbie]

16. But you are wearing blinders

...

[still_one]

6. The person is referring to a CIA operation where journalists were influenced to spread propaganda

http://en.wikipedia.org/wiki/Operation_Mockingbird

The problem with that or any operation that trys to sqawsh the truth is that it never succeeds in the long run. Viet Nam and Iraq are two recent examples of wars that were based on lies.

However, the public did eventually find out the truth concerning Viet Nam, and it has taken a MUCH shorter time for them to find the truth about Iraq

In my view people view the media, the government with a healthy does of skepticism. In fact the ONLY reason the con was able to get played concerning Iraq was because of 9/11, but it has taken the public far less time to realize the misinformation today than before. I believe that is because of Viet Nam and Watergate.

We did win the House, and the truth about this administration is coming out. Look at the polls

[annabanana]

9. But this takes the general election into account...

12-11-1. Special election to fill congressional vacancy--Time of election of representative. If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.

(emphasis mine)


http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=12-11-1

[Shrek]

12. Self-delete

Replied to wrong post . . .

[Shrek]

13. I don't think it's unclear

First relevant statute:

12-11-1. Special election to fill congressional vacancy--Time of election of representative. If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.

Note the bolded text. The timing of the special election applies only to the House. A vacant Senate seat is controlled by the second relevant statute:

12-11-5. Special election to fill senate vacancy. The special election to fill the vacancy of a senator shall be held at the same time as the next general election. The general election laws shall apply unless inconsistent with this chapter.

IOW, the way I read it, section 12-11-1 requires a special election for a vacant seat in either the House or Senate. In the case of the House, it also specifies when the special election is to be held. Section 12-11-5 specifies the timing for a special election to fill a Senate vacancy.

[Norquist Nemesis]

14. Okay. See what you're saying

but I'm still trying to find where the law states the Gov makes the appointmentment.

[Shrek]

15. Here you go:

Relevant statute:

12-11-4. Temporary appointment by Governor to fill vacancy in United States Senate. Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States.

[AnnInLa]

17. Fox News Salivating at thought of "incapacitation"

http://thinkprogress.org/2006/12/14/johnson-fox-news/

Meanwhile, Fox News is speculating how the balance of power could shift in the Senate, even if Sen. Johnson survived. Fox’s Steve Doocy said that although “the issue of incapacitation is not spelled out in the state law,” there “would be a precedent of the federal level.”

Another Fox anchor added, “We’ll have to see what happens in terms of what exactly his condition is and who’s going to weigh in on whether it’s an incapacitation or whether that’s just clear from the facts.” Watch it:

Digg It!

Full transcript:

KILMEADE: Steve, remember we were down this road before? If something happens that Johnson can’t continue, 50-50 with Dick Cheney breaking the tie.

DOOCY: That’s right, and you know, in the state of South Dakota, I understand there is the issue of incapacitation. It’s not spelled out in the state law, at the state level. However, the secretary of state of South Dakota says there would be a precedent at the federal level. Is that how you understand it as well Megan?

FOX ANCHOR: Yeah, indeed, there’s a big laundry list that they would have to go through in order to determine that he is incapacitated. It’s something that, ironically enough, might be weighed in on by his advisers. In other words, Sen. Harry Reid, the incoming majority leader, and Chuck Schumer, may advise him on whether he should declare his incapacity, if in fact he’s in a position where he can declare it or not.