The whole issue with Senator Johnson is going to be dominated by partisan rhetoric and not much in the way of good information. I've already heard Democratic posters say that appointing a GOP Senator would be a disenfranchisement of the voters, which is of course complete nonsense.
The key is to wish for the Senator's best health. It will take a death or resignation, as I understand it, for the Governor to be able to appoint a replacement.
Further, despite what the SD Secretary of State said, I found a statute that seems to indicate that any appointment would be temporary and followed by a swift special election. Here's the applicable 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."
So it looks to me like even if the Governor appointed a Republican, there would have to be an election following in short order. The SD Secretary of State, on the other hand, said the appointment would last until 2008.
The only thing I can think of that would make the Secretary of State correct is if the rule is different if the Senator hasn't yet taken office when the vacancy occurs.
Posted by RSKimsey at December 14, 2006 08:39 AMyes, the Media has jumped on this like a cat on a crippled mouse, without anyone actually finding out the facts, which apparently RSKimsey did with little trouble. The glee with which the Media rapidly declared the Dem Senate Majority finished was an example of the same kind of pro-GOP fervor that has brought the country to the sad state it is in. Sort of like Foleygate, where the victims were sort of an afterthought, poor Johnson's condition was far down the ladder under "GOP retakes Majority in Senate". Not so fast.
Posted by T2 at December 14, 2006 09:47 AMYeah, the media is negligent as always. They're not even highlighting the fact that a long convalescence wouldn't remove the Senator from office (it may have been mentioned in passing). So long as he's alive and doesn't resign his position, then he's a member. I doubt seriously the Senate would vote to remove him from office due to this illness.
So from where I stand now, it doesn't seem likely that the Dems are going to lose the majority in the Senate over this. All the frothing at the mouth by the media is premature to say the least.
Posted by RSKimsey at December 14, 2006 09:57 AMFurther research, courtesy of Missouri Attorney Ron Byers:
"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. Dak. title 12, chapter 11, section 6."
Leave it to the Government to complicate something that could be simple. The way I read this, there wouldn't necessarily be a special election. Senator Johnson was elected in 1996, then reelected in 2002. That means his term expires in 2008 (the January after the next special election).
So I suppose we're left hoping that the Senator's health is for the best, or that the Governor decided to appoint a Democrat (which isn't out of the question, but may not be likely).
Posted by RSKimsey at December 14, 2006 10:12 AMThe corporate media has as usual been disgusting about this. They were speculating about the Republicans getting the Senate back in a way that reminde me of someone like dubya awaiting the reading of the will after the death of a parent.
Posted by herbal tee at December 14, 2006 11:14 AMThe Rude Pundit has exactly the right take on the Johnson story. 'Cos I'm sorry. Anyone who says that the first thing they thought of is his wife and kids is a liar. The 'pukes who come in pretending like the "left" is all wrapped up in the balance of power in the Senate just because the Powerline boys hustled a "thinking of the family" post must think we're stupid enough to believe that gives them cover to pretend like we're the only ones thinking about political implications. Get real, folks. We're all thinking it, and most everyone is lying about it. Even the semantics nazi RSK, who went looking for the legal shit about it, while tut-tutting the rest of us.
Posted by iamcoyote at December 14, 2006 11:45 AMAfter Robert Kennedy was murdered by a sub-human slimeball in 1968, New York Governor Nelson Rockefeller gave a touching speech about the sacrifice of the Kennedy family.
He then proceeded to give Bobby's Senate seat to Republican Congressman Charles Goodell.
Get well soon, Tim!
Posted by TIKI AL at December 14, 2006 02:33 PMMy understanding of precedent is that Sen. Johnson will retain his seat unless he stops breathing. Even if he were kept alive ala Ariel Sharon, with no hope of functional recovery, he will stay the Senator from South Dakota until his term expires.
Let's all hope he makes a full recovery. Cheney casting the deciding vote in the Senate for the next two years is a true nightmare.
Posted by brisa at December 14, 2006 02:50 PMIf he should (Darwin forbid) go into a vegetative state, will Bush and the Republicans demand that his feeding tubes not be removed?
Posted by TIKI AL at December 14, 2006 03:40 PM