Senate switch back to the GOP?

[Zkribbler]

Hmmm, I wonder if the results will be similar to the famous headline of:

X-Rays of Yogi Berra's Brain Reveal Nothing

[Darius871]

[DRoseDARs]

Originally posted by Ramo
In SD, there'd be a special election within three months of a resignation (and if the stroke's severe, there'd probably be a resignation). Unless Governor Mike Rounds runs (unlikely given that he just won re-election), IMO the Democrat, either Rep. Stephanie Herseth or ex-Sen. Tom Daschle, would be the favorite to win.

Expanding on this:

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

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.

Source: SL 1890, ch 84, § 19; RPolC 1903, § 1956; SL 1915, ch 182, § 2; RC 1919, §§ 7214, 7308; SL 1929, ch 117, § 5; SDC 1939, §§ 16.0602, 16.1401; SDCL, § 12-11-2; SL 1974, ch 118, § 46; SL 1979, ch 99, § 5.

[MichaeltheGreat]

Originally posted by Flubber
It sounds like as long as he is alive he should be able to hang on to his seat and the Dems would have a 50-49 majority with 1 Senator unable to vote.

Somehow it seems wrong to me that a governor should be the one to have the power to name the replacement

It harkens back to the days when sovereign (in reality then, not really even in theory now) states chose senators through an election by the state legislatures. That was the original procedure provided by the Constitution, as the eligibility of voters for federal office was radical for the time. The Constitution allowed all white males over 21 years to vote in elections for Federal office, but the sovereign states could pick their own qualifications for voters for state office. Many allowed only a certain level of property ownership or other restrictions to keep the running of the state out of the control of the common rabble.

The state elites were leary of the common rabble undermining them through a powerful Congress, so the initial setup was that the legislatures themselves got to elect their state's Senators. That legislative election was changed fairly early, but states still set their own eligibility requirements for voters for state office until the ratification of the 14th Amendment.

It's always been up to the states to decide how to replace members of either house of Congress if they die, become incapacitated or otherwise incapable of fulfilling their terms of office, under the terms of the Constitution. (Art. I, Sections 2 and 3, Amendment XVII (1913)) The authority in the Constitution extends to the legislature, and the executive power of the state if the legislature is not in session, but the legislatures have generally designated that the governors appoint a replacement until the next regular election.

Only Oregon and Washington require special elections to elect a replacement. A few states require the governor to appoint someone from the same political party as the replaced member, but most states let the governor appoint anyone who meets the constitutional requirements for the office.

[Gatekeeper]

Sen. Tim Johnson has always been an under-the-radar, let's-get-business-done type of senator, rather than a flashy, where-are-the-cameras? lawmaker — and I'm proud to call him a fellow South Dakotan. I don't always agree with how he votes, but he's a centrist Democrat who's earned this independent's (and former Republican) respect.

Here's a small prayer to the good senator pulling through. The last I heard — around 1:30 a.m. CST — he was undergoing surgery of some type.

Gatekeeper

P.S. If Gov. Mike Rounds appoints a Republican to fill out Johnson's term, should he be unable to continue, it might actually hurt the GOP in South Dakota. It's a fairness thing, out here in the boondocks, so to speak.

[SlowwHand]

Democratic senator critical after brain surgery

Illness occurs weeks before Johnson's party scheduled to take over Senate

10:11 AM CST on Thursday, December 14, 2006


Associated Press


WASHINGTON — Democratic Sen. Tim Johnson of South Dakota was in critical condition Thursday after late-night brain surgery, creating political drama about which party will control the Senate next month if he is unable to continue in office.

Johnson suffered from bleeding in the brain caused by a congenital arteriovenous malformation, the U.S. Capitol physician said, describing the surgery as successful. The condition, present at birth, causes tangled blood vessels.

“The senator is recovering without complication,” the physician, Adm. John Eisold, said. “It is premature to determine whether further surgery will be required or to assess any long-term prognosis.”

Eisold said doctors had to drain the blood that had accumulated in Johnson’s brain and stop continued bleeding.

Johnson’s condition, also known as AVM, causes arteries and veins to grow abnormally large and become tangled.

The senator’s wife, Barbara Johnson, said the family “is encouraged and optimistic.”

Apart from the risk to his health, Johnson’s illness carried political ramifications. Democrats emerged from last month’s elections with a 51-49 Senate majority. If he is forced to relinquish his seat, a replacement would be named by South Dakota’s GOP Gov. Mike Rounds.

A Republican appointee would create at 50-50 tie, and allow the GOP to retain Senate control.

Johnson, who turns 60 later this month, was admitted to George Washington University hospital at midday after experiencing what his office initially said was a possible stroke.

His spokeswoman, Julianne Fisher, told reporters that it had been determined that the senator had suffered neither a stroke nor a heart attack.

But several hours after she spoke, Dr. John Eisold, the Capitol physician, called that into question with a statement of his own.

“Senator Tim Johnson was admitted to the George Washington University Hospital today with the symptoms of a stroke. He is currently under the care of physicians at the George Washington University Hospital.”

Fisher and Eisold both said they did not intend to issue further updates on Johnson’s condition until Thursday. There was no formal announcement of the surgery, which was disclosed by an official who spoke on condition of anonymity, citing the sensitive nature of the subject.

Johnson became disoriented during a conference call with reporters, stuttering in response to a question.

Before he ended the call, Johnson appeared to recover and asked if there were any additional questions.

Fisher said he then walked back to his Capitol office but appeared to not be feeling well. The Capitol physician came to his office and examined him, and it was decided he should go to the hospital.

He was taken to the hospital by ambulance around noon, Fisher said.

“It was caught very early,” she said.

In its earlier statement, Johnson’s office had said he had suffered a possible stroke and was “undergoing a comprehensive evaluation by the stroke team.”

Democratic Senate leader Harry Reid of Nevada went to the hospital to check on Johnson. He called Johnson a “dear friend to me and to all of us here in the Senate.”

The White House also issued a statement wishing him a speedy recovery. “Our thoughts and prayers are with Senator Johnson and his family,” said spokesman Alex Conant.

If the Senate is split 50-50, the vice president breaks ties. That is Republican Dick Cheney at present. Johnson is up for re-election in 2008.

South Dakota Secretary of State Chris Nelson said there are no special restrictions on such an appointment by the governor and a replacement would not have to be from the same political party.

Johnson, a centrist Democrat, was first elected to the Senate in 1996 and has been one of the more reserved members of the chamber, rarely taking center stage at news conferences.

He served in the House for 10 years from 1987 to 1997. His focus has been on committee assignments important to his state’s interests — Indian Affairs and Energy and Natural Resources — as well as a spot on Appropriations. The latter allows him to direct funds to South Dakota.

Johnson narrowly defeated Republican John Thune in his 2002 re-election bid. Thune defeated Sen. Tom Daschle, the former Senate Democratic leader, two years later.

Johnson has worked as a lawyer and county prosecutor and served several years in the 1970s and 1980s in the South Dakota state Legislature.

The senator underwent prostate cancer treatment in 2004, and subsequent tests have shown him to be clear of the disease. His wife, Barb, is a breast cancer survivor. The couple have three adult children.

In response to one reporter’s question on the conference call Wednesday, Johnson said he was most looking forward to spending the holidays with his family and grandchildren.

Johnson is the second senator to become ill after the Nov. 7 election. Wyoming Sen. Craig Thomas, a Republican, was diagnosed with leukemia on Election Day. He is back at work.

[DanS]

It appears that there is some conflict about what happens if Johnson is unable to continue in office. Normally, the WaPo is on top of this, and I would trust them. But I can't contradict the law excerpts that some here have quoted.

[lord of the mark]

Originally posted by MichaeltheGreat


It harkens back to the days when sovereign (in reality then, not really even in theory now) states chose senators through an election by the state legislatures. That was the original procedure provided by the Constitution, as the eligibility of voters for federal office was radical for the time. The Constitution allowed all white males over 21 years to vote in elections for Federal office, but the sovereign states could pick their own qualifications for voters for state office.

Nope. The qualification to vote for the House of Representatives was the same as that for the lower (more numerous) house of the state legislature in any given state. If a state had property requirement for the lower house of its leg, or a higher age requirement, that governed for US house elections as well. OTOH if a state had no race requirement for the state leg franchise (as several New England states did before the civil war) then that would also apply to the US House, for those states.

The US House is the ONLY office for which the constitution originally specified who could vote (in the roundabout way described above) as Senators were chosen by state legislatures, and electors for President were chosen as each state determined.

[SlowwHand]

OTOH if a state had no race requirement for the state leg franchise (as several New England states did before the civil war)

Where the Hell are you when I'm getting blasted by people over "that" war? Are you helping me? You better be.

[lord of the mark]

Originally posted by SlowwHand


Where the Hell are you when I'm getting blasted by people over "that" war? Are you helping me? You better be.

Whiskey Tango Foxtrot.

[Dinner]

It seems doubtful that a man can have brain surgury and go back to work with in a month. I guess it depends how bad the bleeding in the brain was and if there was any long term damage. Supposedly, he was suffering from a congenital defect which he's had his whole life but which has never effected him before. There is a tangle of arteries at the base of his brain, much more so then in normal people, which can constrict blood flow to the brain and sometimes even pop. That seems to be what has occured if I understand NPR's reporting correctly.

[Ogie Oglethorpe]

Originally posted by Oerdin
It seems doubtful that a man can have brain surgury and go back to work with in a month.

This is the senate we're talking about brain function is optional.

[MichaeltheGreat]

Originally posted by lord of the mark


Nope.

Yep, you're right. Brain fart there - it's what I get for going on (now rapidly fading) memory. I mixed in the later voting franchise.

[Dinner]

OK, right now the senate is 51-49 so if the guy isn't forced out but instead just is unable to vote won't the Dems still have a majority of the voting senators? 50-49.

[DanS]

That's how I read it Oerdin. It would never be a tie for Cheney to break it in the GOP's favor.