Speedy return Tim! Yet if he can't, now hearing SD statute says special election must be held?

[RiverStone]

We remain hopeful and send good vibes/prayers to Tim Johnson; and do wish for a speedy return to join our DEM leaders in the Senate next year. Of course, his medical emergency reminded us how fragile our majority position is. Scary to think that a rethug Governor of SD could alone shift the entire balance of power (if hypothetically Tim was unable to return to the Senate).

Now I'm hearing that no, the SD Gov is NOT in a position to appoint a rethug replacement, rather it is decided by special election. There seems to be contradiction about this in the MSM, as the temptation to think ahead (with so much at stake) creates lots of spin. Any clarity here?

Lets just hope the spinners will spin out and Tim will be going home, and back to work when he's ready!

Best to Tim and his family! :grouphug:

Story below:

* * * * * *

Most news organizations are reporting that South Dakota Gov. Mike Rounds (R) would appoint a successor if Sen. Tim Johnson's (D-SD) illness forces him to leave office.

For instance, CNN quotes South Dakota Secretary of State Chris Nelson who believes "an appointment would fill the vacancy until a general election could be held in November 2008."

However, a state statute suggests a special election must be held:

"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."
There is no provision in the state law if a Senator is incapacitated but does not leave office. In this case, the U.S. Senate would likely have to take action on whether to vacate the seat.

Update: Apparently another section of the law applies specifically to Senate vacancies: "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."

In addition: "No special election if appointed senator's term expires at normal time. No special election, to fill a vacancy, may be held if the term of office of the appointed senator expires in the month of January immediately following the next general election that would occur after the vacancy."

http://politicalinsider.com/2006/12/senate_control_hangs_in_the_ba.html

[Tom Joad]

1. Good info. Thanks.

[rpgamerd00d]

2. Why are you spamming the board with this same thing more than once?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2918759

[RiverStone]

6. Ooops! Did not realize it posted already.

My computer never registered it as a post, so I tried again? Guess it DID make it the first time.
Tried to delete original - maybe only a moderator can do that?

Geeez, would never SPAM my friends at DU.
:grouphug:

[kay1864]

3. Special election is only for replacing House members

Senate replacement is by governor appointment.

What's confusing is the word "senator" in the first sentence of "Special election to fill congressional vacancy", which is the ONLY place it occurs in that section. So it refers only to the governor's proclamation of a special election--which in the case of a Senate vacancy, would occur as part of the next general election.

[Lone_Star_Dem]

7. That's not how their constitution reads

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=12-11-4&Type=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.

Source: SL 1979, ch 99, § 1.



------------
That seems pretty clear to me.

[MonkeyFunk]

8. Yes

if you only look at part of the relevant law.

There's a lot of speculation here about what happens if Senator Johnson has to leave office.

People are looking at only a part of the relevant law. Here's my analysis:

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.

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.

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.

12-11-6. No special election if appointed senator's term expires at normal time. No special election, to fill a vacancy, may be held if the term of office of the appointed senator expires in the month of January immediately following the next general election that would occur after the vacancy.

So, the first highlighted section says a special election will be held for either a Representative OR a Senator. However, the time limit is 90 days ONLY for Representatives.

Section 12.11.4 states that the Governor appoints a Senate replacement until the next special election.

Section 12.11.5 states that the special election occurs at the time of the next general election, which is in November, 2008.


So the Governor appoints a Senator, who serves until a special election that will occur in November, 2008.

[Pokey Anderson]

9. Except that by Nov 2008, his term is up anyway.

He was elected in 2002, so his six-year term ends in 2008.

I wonder if "general election" might also mean a November 2007 election? We have general elections here (Texas) EVERY November -- it alternates between Pres/Congress in even years, and in the other years, it's city and county elections.

[MonkeyFunk]

12. Technically

his term ends in 2009.

If a special election is held, it will be held in November, 2008. Odd-numbered years are not general elections.

The reason it's a SPECIAL election, is the winner will take office immediately following the election, rather than in January, 2009.

[Lone_Star_Dem]

15. Ahh, I was under the impression that it would be held in 2007

But what you've posted made me double check. From what I read it appears that you're correct. In 2008 there will be an election to choose who sits in the seat until the new elected owner takes it over in 2009.

[SoCalDem]

4. That last paragraph is a doozy.. It almost sounds as if it invalidates

what was said before..:shrug:

Personally, I don't like the idea of ANY governor "appointing" a senator.

If elections can be held every two years for a congressperson, there's no reason not to set a special election if there's 2 years left to serve of a senator's term. Less than that? It should rightfully go to the next highest vote-getter of the previous election (no matter if it's a D or an R)

The people supposedly elect these folks, and if 51% wanted A, but A died or quit, then B would be the second choice...but only until the nect election in 2 years.

[kentuck]

10. That's interesting..

:shrug:

[kay1864]

11. Agreed, it's a doozy.

Basically it says, if there's a non-Senate general election coming up (since House general elections occur every two years), than that general election will be the "special election" for the Senate seat (and the governor's appointee serves in the Senate up until then)

If there's a general election coming up that IS a Senate election, then obviously you don't need to call it a special election (and the governor's appointee serves in the Senate up until then).

Whew!

[MonkeyFunk]

13. No

it IS a special election, because the winner takes office immediately after the election, NOT in January 2009.

It's just like in Tom Delay's district last month- there was both a special election, and a general election for the same seat. Shelley Sekula-Gibbs won the special election, and will serve until January. The winner of the General Election will then take office.

[MonkeyFunk]

5. Yes

there will be a special election - in November, 2008.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x3016285

[RiverStone]

14. Thanks for the clarity!

Lets hope its all a moot point.