South Dakota law on replacing Senators who resign?

[Eric J in MN]

The AP says:

South Dakota's Republican governor, Mike Rounds, would appoint a replacement to serve until the 2008 election should Johnson die or resign.

But South Dakota law seems to say that there would be an election within 90 days:

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.

Which is it?

[WI_DEM]

1. It sounds like the second

If, God forbid, Johnson does resign. I think perhaps the strongest candidate in a special election might be Daschle.

[Oleladylib]

2. Let us #1 pray for his well being, and #2 that he not resign...n/t

[BluegrassDem]

4. I think that law is for U.S. House members, not Senators

for Senators, I think the gov. chooses.

[Eric J in MN]

5. "the office of a senator or representative in the United States Congress"

That means both Senators and Reps.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=12-11-1

[karlrschneider]

6. It looks quite clear to me.

...special election must be called within 80 to 90 days. Of course there's no 'vacancy' so this is all spiffballing for now.

[Hippo_Tron]

9. Daschle or Stephanie Herseth

[SmellsLikeDeanSpirit]

14. Agreed. Get Tom back in the Senate in worse case scenario for Mr. Johnson

[karlrschneider]

3. I'll take the SD law cite (have seen it linked many places) but there's NO 'vacancy'

and hopefully won't be.

[wellstone dem]

7. A special election was held when that SD rep

was convicted of the car accident a few years ago. The Dem rep. from SD was elected in a close election and 6 months later, was reelected in the NOv. election.

[Eric J in MN]

8. OK, so the AP reporter is wrong.

The AP should do more fact-checking.

[Bjorn Against]

10. Good find, the law certainly appears clear...

It looks like a special election, however Republicans would still probably get control for a few monthes.

Fortunately however it looks like this whole issue is pretty much dead anyways as it is looking like Johnson will be fine. Phew.

[Blue_In_AK]

11. We changed the law in Alaska

after Frank Murkowski appointed his daughter Lisa to finish out his term when he came back here as governor. Now a special election must be held if a senate seat becomes vacant. That's the way it "should" be everywhere, IMO.

[TheWebHead]

12. that's amazing considering how extensive it's been reported otherwise

But if this isn't the case, the local papers I have read indicate Gov Rounds is interested in running for the Senator seat in '08, so if he were to appoint a republican, he would kill that chance as the appointment would run instead. If he appoints a Democrat, he looks bipartisan and would have an advantage against an appointed incumbent not popularly elected.

[annabanana]

13. nominated. . Why hasn't THIS little tidbit made it to primetime?

Is it possible not one of the talking heads is a (gasp) journalist?

[welshTerrier2]

15. Governor can appoint replacement until special election

here's another South Dakota law that relates to this situation:

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.

Source: SL 1979, ch 99, § 1.

i'm no lawyer but it seems like the bottom line is that if there is a "VACANCY" (i assume that means due to either death, resignation or removal from office), two South Dakota laws are in play:

1. the Governor must call a special election to be held in not more than 90 days (as cited in the OP) and
2. the Governor can appoint a temporary replacement until that special election is held