Posted on 11/09/2002 9:27:01 PM PST by luv2ndamend
ST. PAUL, Minnesota (CNN) -- Minnesota Sen.-elect Norm Coleman said Friday that he will not take office until January 7, leaving interim Independent Sen. Dean Barkley in office until the next Congress convenes.
"While I am eager to begin serving the people of Minnesota, it appears that an earlier swearing in will not give any added seniority for Minnesota," Coleman said in a statement. "I will look forward to beginning my service for this great state on January 7th."
Coleman's decision could have implications for who controls the Senate during a "lame duck" session that begins next week.
Currently, there are 49 Republicans, 49 Democrats and two Independents -- Sen. James Jeffords of Vermont, who caucuses with Democrats, and Barkley, who has not announced who he will support.
Barkley was appointed to the Senate by Minnesota Gov. Jesse Ventura to serve out the remainder of the term of Democratic Sen. Paul Wellstone, who died in a plane crash October 25. Coleman, a Republican, then defeated Wellstone's ballot replacement, former Vice President Walter Mondale, in the November 5 midterm election for a full six-year term.
There was some question under Minnesota law whether Coleman would take over from Barkley as soon as the election results were certified on November 19 or wait until January 7, when the new Congress convenes.
Coleman's statement said the decision to wait until January came after "an extensive inquiry and review" by his transition team.
Also complicating Senate control during a "lame duck" session is what happens in Missouri, where Republican Jim Talent defeated Sen. Jean Carnahan for the remaining four years of the term her late husband, Gov. Mel Carnahan, who won posthumously in 2000 shortly after dying in a plane crash.
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.
State law in Missouri calls for local canvassing boards to meet "as soon as practicable" to certify the results. Secretary of State Matt Blunt has said that process could take two weeks or longer.
However, in January, once the next Senate is sworn in, Republicans will have control, with at least 51 seats. Democrats will have at least 46 seats and 47 votes, with Jeffords' support.
Two Senate seats remain in limbo:
In South Dakota, the election night vote count put Democrat Sen. Tim Johnson less than 600 votes ahead of his GOP challenger, Rep. John Thune, which could trigger a recount once results are certified.
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
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.
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.
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.
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.
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.
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).
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."
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
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