Posted on 12/02/2010 12:24:22 PM PST by SmithL
JUNEAU, Alaska (AP) --
A state court judge is allowing Sen. Lisa Murkowski to have a say in a legal challenge to Alaska's U.S. Senate race.
Attorneys for Murkowski argued that she should be allowed to intervene in the lawsuit that her Republican rival, Joe Miller, brought against the state over the manner in which it conducted the election. Miller contends the state did not follow the law, notably in its decision to use discretion in tallying write-in votes for Murkowski.
Attorney Scott Kendall said in court Wednesday that Murkowski should be entitled to protect her "victory" and have a say in the proceedings. Judge William Carey agreed to let her into the case Thursday.
(Excerpt) Read more at sfgate.com ...
“I am confused ... I thought she was already the sitting Senator. How could he deny her any seniority?
“Because she would be coming in as a freshman Independent, not as a seniior Republican.”
No, that’s not it, since (i) Princess Lisa wasn’t elected as an Independent, and (ii) she claims that she has always been a Republican and promised to caucus as one if she won. The way that they could deny her full seniority would be if Miller’s lawsuit prevents the state from certifying Princess Lisa as the winner, which would result in the Senate not seating her on January 3 when every other incoming Senator will be seated. Even if they seat her the following week, she would have less seniority than any other Senator, since only *uninterrupted* Senate service counts towards seniority. By way of example, Dan Coats served 10 years in the Senate in the 80s and 90s, but when he is seated on January 3 he will have less seniority than Mark Kirk, who was seated in the Senate earlier this week after being certified as the winner of a special election for the term ending on January 3; Coats’s prior Senate service would only benefit him in giving him more seniority than the other non-incumbent Senators being seated on January 3. So if Princess Lisa’s Senate service is interrupted by her not being seated immediately upon the end of her Senate term on January 3, her 8 years in the Senate will mean bupkis as far as seniority is concerned.
If Princess Lisa is seated on January 3, she will keep her seniority that goes back to 2003 (or maybe late December 2002—maybe her daddy named her to the Senate as a Christmas present), since her service in the Senate would be uninterrupted. But if she isn’t seated on January 3 immediately upon the end of her current Senate term, it will interrupt her service, and her prior service would count only as a tie-breaker if she is subsequently seated on the same date as another Senator. As I explained in post #21, Dan Coats’s 10 years of Senate service a couple of decades ago merely give him a step up on the other non-incumbent Senators being seated at the same time as he, but will not allow him to surpass the seniority of those who were already incumbents on January 3 (not even that of Mark Kirk, who was seated earlier this week because he won a special election for the term ending on January 3 and thus will be an incumbent when he is seated for the term beginning on January 3).
I’ve long found the tiebreakers you mentioned to be kind of cool. You get a whole bunch of Senators being seated on the same day, but the ex-Senators get the highest seniority, then the ex-Representatives, then the ex-governors, and those with prior service in those offices are ranked by state population in the prior Census. I believe that Chris Coons (no prior congressional or gubernatiorial service, and representing one of the least-populated states) will be last in seniority—unless Princess Lisa isn’t seated on January 3, in which case she will be last in seniority when she is seated.
Oops, my bad, I forgot that Coons was elected to fill Biden’s unexpired term and thus was seated in November. So the Senator who will be last in seniority will be Kelly Ayotte of NH, unless Princess Lisa isn’t seated on January 3, in which case Princess Lisa will be last in seniority when she is seated.
Excepting, of course, Joe Manchin, whose term as governor breaks the tie.
Your post #21 does explain why Princess Lisa is so anxious to get sworn in by January 3rd.
If Joe Miller's lawsuit is still keeping Princess Lisa from being seated by month's end, you can bet she will be offering him something of value to drop in during one of the first three days of January. This calls for popcorn!
Indeed.
It is scorched earth time!
The Republic itself is at stake.
Who has legal standing TC? It appeared that, against the sitting Governor, every weasel in the country had standing in Alaskan courts. Does that hold true for the Murky one?
If so, I'm in.
How does she lose the primary and then win as a write in except by fraud.
Absolutely... her family has been stealing elections and Alaskan’s money for 40 years... cowface knows how to steal an election... she is really a dim... and comes with everything that goes along with being an evilcrat.
LLS
Yes you are absolutely right, its all about her making deals on earmarks, Alaskan politics is nothing but pork.
Lisa will probably get her win.
Since she played so dirty she deserves all the misery Joe Miller can dish her way.
I hope he keeps it going just for fun if nothing else.
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