Minnesota Sen.-elect Coleman won't take office until January

cnn.com ^ | Friday, November 8, 2002 Posted: 10:47 PM EST

[AFPhys]

I would guess that he found that Senate rules wouldn't give him extra seniority.

No, that has little to do with it. There is Senate precedent at play here: in a very similar case (I believe it may even have been a MN senator) a newly elected senator was not allowed to be seated by the Senate to fill a vacancy. The reasoning was that the Constitution states the term of a senator is six years, and seating the guy earlier would give him more time than that. Precedent argues with a very loud voice. The situation with Talent is different as he is only going to fill the remainder (4+yrs) of the (male)Sen.Carnahan's place, having replaced the appointed (female)Sen.Carnahan.

I imagine that those who know are now more fully informed about such things, such esoteric items not having much importance in the heat of a campaign.

[WorkingClassFilth]

I can put up with Barkley for 2 months. That wasn't the issue. Re-read and re-post.

[calenel]

Theodore R. said: I wonder why Ventura couldn't have waited until after the election and then appointed the winner.

jbstrick said: In essence he cant. A senator can only serve 6 years. If Ventura appointed Coleman now he would have to resign before the end of the term six years from now.

MN law says (the exact text is posted many times already) that a regularly elected Senator (Coleman) immediately also succeeds to the remainder of the vacated term whether or not there is an appointed replacement (Barkley). Note that it is the remainder of the vacated term, not the beginning of their new term, so there is no 6 year violation. Coleman isn't regularly elected until the results of the voting are certified, which must occur within 14 days of the election.

Ventura could have appointed the uncertified apparent winner of the election to fill the vacancy until certification, at which point they (presumably) succeed to the rest of the term. Coleman can immediately assume the seat upon certification. In fact, by MN law he must. Barkley cannot serve after certification.

You can bet your behind that, if Mondale had won, the Rats would not only be demanding that seat the day of certification, they would also be trying to move the certification date to the earliest possible time it could legally (or not) occur.

[marvlus]

Under Missouri law, Talent will take over as soon as the results are certified, rather than waiting until January. Once he replaces Carnahan, Republicans will have control of the Senate, regardless of which party Barkley supports.

What's everybody in such a tizzy for? Once the Missouri votes are certified, the Republicans will have control of the Senate - and that means before January.

[BohDaThone]

Not true. Ventura would be appointing him to the remainder of WELLSTONE's term. Then his elected term would start in early January like everyone else's.

[evad]

I will always wonder if Jumpin' Jeffords understands how badly he hurt America. May his soul burn in hell.

Are you kiddin'?

That was the best think to happen. It started the process which exposed all the RATs for what they were and so disgusted the people that they threw them out..IMO.

[marajade]

Trent will do what Bush tells him to do...

[marajade]

"both the RATs and the Republicans for having the debate without any other participants."

That's not entirely true. They had a debate with all candidates the Fri before the election where Mondale refused to attend. That is why they had Coleman and Mondale debate on Mon before the election. Jesse lied.

[marajade]

But after the lame duck session has gone home so it wouldn't do any good.

[GopherIt]

•In Louisiana, Democratic Sen. Mary Landrieu will face state Elections Commissioner Suzanne Haik Terrell, a Republican, in a December 7 runoff triggered when Landrieu failed to capture a majority on Tuesday


There's still an election going on out there folks!

[Illbay]

I don't think that's a fair assessment. Remember that prior to the infamous "memorial" service for Wellstone, it was all but certain Mondale was going to win.

In fact, Ventura was thumbing his nose at the Democrats. If they HAD won in Minnesota, it would have meant that Barkley could help the Republicans at least for a month or so, to run things and perhaps pass some legislation.

[Theodore R.]

It was, but his action was still adverse to the state of MN, which he is supposed to represent. This interim senator is entirely unnecessary. Coleman should now be sworn in early, as he was the people's choice, and don't Democrats say they represent the "will of the people"?

[Theodore R.]

Has Barkley announced yet that he will "organize" with the Republicans for the five-day session?

[Theodore R.]

Well, I can recall certain senators resigning early to allow their replacements to take office ahead of time to gain seniority. For instance, J. William Fulbright MAY have resigned early to allow his long-term successor, the even more liberal "Dandy" Dale Bumpers, to take his seat even before Jan. 3. 1975. That is not extending a term. That is filling an unexpired term with the winner of the regular term for a few weeks. I think Russell B. Long left a little early to get his handpicked successor, John Breaux, installed in LA prior to Jan. 3, 1987.

[Theodore R.]

No, remember the "democratic" mantra, it's the "people's will." Yes, I thought Mondale would win, and if he had, he should have been sworn in early.

[Theodore R.]

It seems to me that Ventura named Barkley to make sure that the interim senator was pro-abortion. He knew that if Coleman won, he would be appointing a prolife senator, and that's what Jesse could not bear to do. Jesse would not have minded appointed Mondale; it's Coleman, one of his opponents from 1998, that he could not bear to appoint.

[Illbay]

No, I agree nothing's a shoe-in. But Ventura did what he did in the climate that the Dems were "sure" of victory.

You know, they would "organize, and organize, and organize, and organize..."

(This kid was just angry that he hadn't been around in the salad days of Eugene V. Debs).

[Commie Basher]

No, remember the "democratic" mantra, it's the "people's will." Yes, I thought Mondale would win, and if he had, he should have been sworn in early.

Well, I prefer Constitutional govt over "the people's will." Gore was "the people's will" by popular choice in 2000, but the Constitution went by the electoral college. And apparently, the various state and federal laws have determined that Coleman must wait for 2003, whatever "the people's will."

[MississippiMan]

Trent believes in the old song: "Don't Rock the Boat, Baby."

Still wondering why on Earth he was able to waltz right back in as leader after having been the man in charge when the Republicans lost the Senate. Without an election.

MM

[RightWingConspirator]

It is time for Trent Lott to be replaced as Senate majority leader by someone who has the guts and leadership needed to do the job. I think Lott likely has some serious hidden baggage from his college years--rumors of gay activities surfaced a few years back--and the Klintoons obviously still have a large database of dirt gleaned from the FBI files to use as blackmail at appropriate times. There are lots of better male and female Republican Senators that can and will do the job, so let's replace Lott!