Mississippi Statutes on interim US Senators

Mississippi Secretary of State Web Site ^ | Office of the Secretary of State for the State of Mississippi

[Credo]

§ 23-15-855. Elections to fill vacancies in office of U.S. Senator; interim appointments by Governor.

(1) If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of such vacancy, issue his proclamation for an election to be held in the state to elect a Senator to fill such unexpired term as may remain, provided the unexpired term is more than twelve (12) months and the election shall be held within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy shall occur in a year that there shall be held a general state or congressional election, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided. 

(2) In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill such vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the Senator so appointed shall serve until his successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year he shall serve for the full time of the unexpired term and no special election shall be called by the Governor but his successor shall be elected at the regular election.

[Credo]

I have read a lott about the Junior Senator from Mississippi and his attempts to extricate his foot from his mouth. I have posted this on several threads already but I wanted to get this on its own thread.  

Part of the discussion on this board leans toward the notion that it is quite impossible for Lott to resign his Senate seat because the Governor of that good state is Ronnie Musgrove, a democrat who would duly appoint a democrat for an interim period.  I just want to examine the implications of a Lott resignation.  In general I am against this, but the Mississippi statutes do delay the exposure, the GOP has to an interim appointment in case Lott goes all the way and commits political hari-kari.

Why would Lott resign?  In recent memory, there are 3 politicians who resigned their seats in addition to relinquishing senior leadership positions.  2 were from the House - Gingrich & Livingston and one from the Senate -Dole.

The House is different because a Governor never appoints an interim for a vacancy there.  A special election is generally held in short order.

The Senate is where the state Chief Executive gets involved.  The 17th amendment and article one of the Constitution lay this out.  State statutes lay out how a Chief Executive can appoint an interim and how much time before a special election is called to pick a Senator to fill the remainder of their terms.

The following is what I read from the statute.

It varies from state to state.  In Mississippi's case it appears Musgrove has to appoint an interim within 10 days of official notification of a vacancy.  He has 2 paths to follow on calling for an election. 

1. Normally he has to call a special election within 90 days of  notification of a vacancy.
2. If the Senate is in session and it is the year of a general election, Musgrove can delay the election to coincide with the next regularly held general election.  2003 is a year that is considered a general election year in Mississippi as they will be voting for Governor and other statewide offices.  The Senate reconvenes Jan 7.  If Lott waited until then, Musgrove could appoint an interim and the election over the seat would not take place until Nov. 4, 2003.

There are risks.  You could not guarantee a GOP victory in a special election. There are risks for the democrats as well.  Mississippi - although they have a democratic governor has trended the GOP's way. The Lt. Governor has recently switched parties.  If the 90 day rule applies it would be difficult for an interim to assume office going into a new Senate session and stand for election within 90 days.

I don't necessarily advocate this.  I think Congressman Billybob and others could shine some light on this.  We need to look at this if Lott is blackmailing the GOP Senators to keep them from pressuring him to step down from leadership by threatening to resign.  If Lott is actually doing this, I think it's a bluff.   Byrd actually stepped down from his party leadership in the '80's and took a committee chairmanship that shovels pork to WV.  That actually may work with Lott.  Have at it Freepers.

[Jhoffa_]

If Lott is actually doing this, I think it's a bluff.

Don't count on that.

I can't think of any reason why he should just put on the robe and hood, shut up and vote like he's told.

[Eric in the Ozarks]

Lott's not going anywhere.

[rintense]

This is far too big a risk to run with the November outcomes at stake.

I am still amazed that the Bush Administration cannot see this as part of a Democrat subterfuge to retain power.

Why do you think all the Dems want him to go? Easy. Because they have at least two RINOs in their pocket who will jump ship if the Senate gets back to 50-50. You can damn well be sure of that. Oh, and something like this would have happened anyway to an unsuspecting Republican or one who simply put his foot in his mouth. Hunting season is here, folks, and it’s the Dems who are holding the guns.

So it's very clear to me that this isn't about right and wrong. This is about the same old DC crap its always about- power. And if Republicans let the Democrats dictate to them how this issue should be handled, we deserve to lose the power. We deserve to lose the Senate.

But one thing is for sure. Republicans need to rise up and collectively fight this- even if it means going against the President. I think Bush was wrong in saying what he did about Lott, and I think he pretty much drove a wedge between several Republicans and his Admin. Bush sets the tone for his agenda, and his public pimp slap of Lott (which I think could have been stated differently and still had a positive affect) only serves as a very subtle threat to Lott and others. Yet, Lott is calling that bluff because he has all the cards. His fate is beautifully tied to the fate of Bush's agenda. And without Lott, Bush's agenda will be non-existent.

[Jhoffa_]

Lott's not going anywhere.

Miss Cleo I presume?

[finnman69]

After the speech lott gave, he is not resigning as Majority Leader or frm the Senate for that matter.

[NautiNurse]

He hasn't made his appearance on BET. He may fall on his sword yet.

[Mr Rogers]

Lott has no where to go. If he resigns, he has 3 possibilities.
1) Remain a politician - but where? He's too proud to run for Mississippi state office, and will be out of the Senate. Not likely.
2) Become a lobbyist. Tough to do in Washington when you just stabbed in the back the party controlling the White House, the House, and 50% of the Senate. No one would want him - Democrats would remember his past as a republican, and once he is out of the Senate they have no further need for him. And Republicans would hate his guts.
3) Get a real job. Not hardly - it might muss his hair.

Lott will not resign his Senate seat. He's bluffing - because he has no where else to go.

[Jhoffa_]

Lott will not resign his Senate seat. He's bluffing - because he has no where else to go.

I wouldn't be so sure of that.

I bet there's a board he can chair someplace or some grateful person on high who would help him. You don't be a Senator for as long as he has without making a friend or two along the way.

I wouldn't expect to see Trent in a soup line anytime soon if I were you.

[Mr Rogers]

Perhaps. Says something sad about Mississippi if true. A man talks about how a segregationist should have won, gives the Senate over to democrats, and returns home a hero. Wow.

Not certain about many boards wanting him. Lott has bought a lot of friends - but friends you buy don't stick beside you when the going is bad.

In any case, we don't need Lott leading republicans. Can you imagine him, for example, trying to stand firm against affirmative action? I can't.

[Jhoffa_]

Can you imagine losing the SC and our agenda over a false charge of racism?

It's looking more and more like that may be the reality we are facing..

[Dan Day]

I can't think of any reason why he should just put on the robe and hood, shut up and vote like he's told.

Because for a politician, being "just" a Senator is a hell of a lot better than being a has-been.

[Jhoffa_]

Because for a politician, being "just" a Senator is a hell of a lot better than being a has-been.

I dunno.. Newtie and Bob Livingston decided to quit rather than be shamed.

There is a precedent.

[Anarchist]

Now that Lott has said that he will appear on Black Entertainment Television, should he not invite Senator Byrd and Senator Hollings to make a joint appearance for ritual abasement and flagellation before the audience of color?

[NautiNurse]

LOL--and have to share the limelight? Lott thinks too much of himself right now. He wants to be the black star.

We already know he gets his rocks off telling us he is the son of a sharecropper. Can't wait to see what he decides to wear for the BET performance--it should rate right up there with the pheasant-feathered cowboy hat for the ranch photo-op.

[Credo]

...it should rate right up there with the pheasant-feathered cowboy hat for the ranch photo-op.

You mean like this:

In my book, this would have been immediate cause for his removal. Just kidding.

[Chapita]

*********************"I bet there's a board he can chair someplace or some grateful person on high who would help him."******************************************************

Trent's brother-in-law is Dickie Scruggs [the lawyer who won the tobacco case].

[Wild Irish Rogue]

" I wouldn't be so sure of that.

I bet there's a board he can chair someplace or some grateful person on high who would help him. "

If Lott resigns everything now and scoots back to Pascagoula,he's damaged goods. What corporation is going to want the Grand Wizard of the KKK on their board-can you imagine the protests outside corporate headquarters? Same for any lobbying firm. K Street in DC is poised to deal with Republicans,they've hired Republican savvy staffers and fired their Democrat staffers-which is how they operate. By leaving the Senate and throwing it into Democrat hands, he would bring nothing to a lobbying firm,because they would be dealing with Daschle now. Trent's only haven is in the Senate now-if he would resign and still stay on as Senator and then gracefully exit,after the hard feelings are gone-he would have a future.As with clinton,I think you would need the jaws of life,to get Lott out of the ML chair.Right now, I am willing to see what happens with his leadership-if he fades into the background and pushes a conservative agenda,this situation can be controlled. And if anyone thinks that once Lott goes,the media and Democrats will no longer call us the racist party-think again.We will get no credit for purging a distasteful member,none at all.

[tenthirteen]

Senator LOTT could be so much more in his position in the Senate but unfortunately he is not. I might be much happier with someone else as Majority Leader. However, I have resigned myself that he is one of ours, and that he is loyal, though rather inept at times.

I have therefore resolved that I will support him because he is a member of our team. And an attack on one of us is just as good as an attack on all of us.

He is being savaged by an enemy who actually is anathema to us as Conservatives. They are not worthy of our support, but rather our scorn.

Now is the time to form a compact, pull together, and make a difference.

Do nothing and the next person that these ingrates come after could just as well be you or me.

[Kuksool]

"...should he not invite Senator Byrd and Senator Hollings to make a joint appearance...."


If Sen. Lott has a brain, he should do this. He can claim the upcoming BET appearence to be both a bi-partisan and community outreach venture. But since he has no brain, it will be another opportunity for the Democrats to make him look foolish.