First off - prayers for Sen. Johnson and his family for a quick and complete recovery.
If he is not able to continue his duties, here is the likely scenario:
1. Special Election will be held within 90 days (after Rep appointed as replacement over Democrats cries of "foul").
2. Tom Daschle announces his candidacy
3. $10 million flow into his campaign fund
4. Daschle trails throughout election night - Precincts in Western Indian Reservation not yet reporting
5. Western Indian Reservations cast 3x as many votes as registered voters for Daschle
6. Daschle wins
7. Democrats maintain control of Senate
And I am an optomist.
Can Rounds appoint himself?
I think that the scenario of special election is in the event of the incapacitation of a house member, if a senator is incapacitated the gov. appoints his replacement till the end of the term.
Hmmmmm... I forgot about those [Native American] reservations.
Ummm, no one reads around here? The link provided in this thread to the SD statue clearly states that the special election for a vacancy in one of SD's Senate seats is to be held at the next GENERAL ELECTION. Not 90 days. The next general election is 2008. So whom ever the Governor appoints should Johnson be unable to complete his term will be serving until at least November 4, 2008. The 90 days deal is for the Representatives of SD, not the Senators.
Next, love how the MSM skews the numbers in the Senate. The correct count is 49 Republicans, 49 Democrats, and two Independents. The Independents (Libermann and Sanders) have choosen to vote with the Democrats to give them control. Sanders is a socialist so his vote isn't going to change. Libermann might be tempted to upset the apple cart for the party that betrayed him. Then it would be 50-50 with Cheney casting the deciding vote. Rather than hoping Johnson is unable to serve, we should be praying for Libermann to see the light.
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: CHAPTER 12-11 SPECIAL CONGRESSIONAL ELECTIONS12-11-2. Filing of election proclamation--Notice to county auditors and political parties-- Nominations. The proclamation issued pursuant to § 12-11-1 shall be filed with the secretary of state who shall, if a special election is called for, thereupon notify each county auditor and the chairman of each political party recognized pursuant to chapter 12-5 of the date and purpose thereof. The State Central Committee of each political party so recognized shall be entitled to nominate a person to fill such vacancy and independent candidates filing nominating petitions meeting the requirements of § 12-7-1 may also have their names placed on the ballot.
12-11-3. Filing of nominations--Certification--Conduct of elections. Each party nomination and independent petition shall be filed with the secretary of state not less than forty-five days preceding any election which is not combined with a primary or general election. If the election is conducted with a primary election, each party nomination and independent petition shall be filed by the first Tuesday in April. Each nomination shall be certified in a like manner as any other nomination for the purpose of a general election. The election shall be conducted, canvassed, and the results certified as in a general election. If the election is conducted with a general election, each party nomination and independent petition shall be filed by the second Tuesday in August.
12-11-4. Temporary appointment by Governor to fill vacancy in United States Senate. Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States.
12-11-5. Special election to fill senate vacancy. The special election to fill the vacancy of a senator shall be held at the same time as the next general election. The general election laws shall apply unless inconsistent with this chapter.
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.
12-11-7. Vacancy within ninety days of general election--Concurrent elections. If a vacancy occurs within ninety days of the next general election, the special election to fill the vacancy shall be held concurrently with the general election to be held two years later.
12-11-8. Nominations for specially elected senator--Vacancy near primary election. Nominations of candidates for the special election for senator shall be conducted pursuant to chapter 12-6. If a vacancy occurs within ninety days of the date of the primary election, or between the primary election and at least ninety days prior to the general election, the provisions of §§ 12-11-2 and 12-11-3 shall apply.
-PJ