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Thursday, December 14, 2024
By Steven L. Taylor

Matthew Shugart raises an interesting and legitimate issue in the context of Senator Tim Johnson’s illness and potential incapacitation (or worse).

Shugart argues that we should do away with the ability of governors to appoint replacement Senators and simply have a special election immediately upon a vacancy.

He raises a legitimate point: why should a partisan official get to make the determination as to whom will serve in the Senate when the post is one that is meant to represent the electorate?

This issue will be especially salient this year, as at the moment, should Johnson leave office, a Republican governor would certainly replace Johnson (a Democrat) with a Republican, which would shift the Senate (as has been widely noted) to GOP control (a 50-50 tie with Cheney as tiebreaker). It is rather disproportionate, and undemocratic, that the governor of South Dakota would be in a position to make such a decision. While I think it likely that SD would elect a Republican to fill Johnson’s seat, that is by no means certain. And, at least then the decision would be made through elections, not fiat.

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7 Responses to “On Filling Senate Vacancies”

  • el
  • pt
    1. Outside The Beltway | OTB Says:

      Filling Senate Vacancies

      Matthew Shugart and Steven Taylor have interesting posts on the subject, currently topical because of uncertainly surrounding the health of North Dakota’s Senator Tim Johnson, on the process for replacing vacancies in the Senate.
      Both argue, per…

    2. A.S. Says:

      “It is rather disproportionate, and undemocratic, that the governor of South Dakota would be in a position to make such a decision”

      Why is it undemocratic? The governor is an elective office, no? Presumably, among the things you are voting for when you vote for governor is the party of a replacement Senator.

    3. Dr. Steven Taylor Says:

      That’s a pretty broad definition of “democratic.”

    4. A.S. Says:

      It’s no different than pre-17th Amendment, right? Do you see a difference between Senators being selected by state legislatures and Senators being selected by governors? I don’t. And I tend to think of the pre-17th Amendment US as democratic…

    5. Jan Says:

      Well, I see a difference between the governor and the legislature. One is a single individual and the other is a group. Group decisions seem at least a bit more democratic than individual decisions.

      Second, obviously we didn’t think it was sufficiently democratic to use the pre-17th Amendment method or we wouldn’t have passed the 17th Amendment.

    6. Alabama Moderate Says:

      Great points, Jan! I was thinking that a special election would be more appropriate.

      Regardless, it really doesn’t matter much if the governor does appoint another Republican to the office. The Republicans had their rear ends handed to them in November. If the only way they can turn the tide is with a member falling ill and his replacement being appointed and STILL depending on a Cheney tie-breaker… That’s hardly a victory on their part, and I’m sure they know that. If they get in there and abuse their good luck, they’ll be handing over even more seats in 2024. In that sense, the Dems could potentially be drooling with anticipation.

    7. Tony Catalano Says:

      The US Constitution details how vacancies in Congress are filled. Only problem, no specific time lines for governors calling those mandated elections.

      “Amendment XVII:

      *****

      Senator election and number. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. ”

      Same with the House of Representatives:

      “Section 2, Clause 4:

      When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. ”

      No appointments to vacancies in the House. Only Elections.

      There must be elections to fill vacancies in the senate. Appointments by governor only temporary.

      I am amazed that this is not being discussed.

      Tony Catalano


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