Johnson’s Possible Stroke Throws Wrench in Democratic Senate
Sen. Tim Johnson (D-SD) suffered a possible stroke. First, lets pray that isn’t the case and wish the best for him.
Now, let’s get to the politics. If Johnson can’t serve as Senator by 01.04.2004 South Dakota’s governor could name a replacement–maybe. That man is Gov. Mike Rounds a republican. It’s possible Rounds could appoint John Thune, Johnson’s 2002 opponent and create a 50-50 split in the Senate. With Vice President Dick Cheney’s tie-breaker the GOP would retain control of that body. [Silly me. Thune is already in the Senate.]
I say maybe because Mary Katherine Ham is following the story and writes,
There’s some dispute as to what would happen should Johnson be unable to serve. The initial reports said the Governor appoints someone, but many are saying, on both liberal and conservative sites, that the law seems to dictate a special election.
A Sioux Falls television station reports [via South Dakota Politics],
South Dakota’s secretary of state, Chris Nelson, says if there is a Senate vacancy, Republican Governor Rounds would appoint a replacement who serves until the next general election in 2008. Nelson says as for what creates a vacancy, that’s not defined in state law but it might be in federal law.
Let’s hope Johnson gets well soon so we don’t have to worry about the intricacies of South Dakota election law.
“Sen. Johnson Suffers Possible Stroke”
UPDATE: Kim Priestap writes Fox News reported Johnson didn’t have a stroke or heart attack. That’s great news. Even if he was hobbled by an ailment the only way for him to be replaced is if he resigned or died:
The only way there would be a vacancy to fill is if Johnson died or resigned. Even if incapacitated, he could remain in office, according to the Senate historian’s office.
It’s pretty easy; the governor would appoint a replacement until the next general election (see South Dakota Statutes 12-11-4 through 12-11-6). Since the next general election, in 2008, coincides with the end of Sen. Johnson’s term, it would merely be a normal election.