JOHNSON UPDATE

Thursday, December 14, 2006
Johnson Can Retain Seat Even If Totally Incapcitated
By Rob on December 14, 2006 at 03:20 pm
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Interesting…

WASHINGTON (CNN)—The Democrats’ slight hold on power in the Senate is largely safe despite South Dakota Democratic Sen. Tim Johnson’s health scare, Senate Historian Don Richie tells CNN. As stipulated by Senate rules, Johnson could retain his seat even if he is incapacitated, unable to vote, and not even able to show up to work.

Moreover, the Senate does not have the power to forcefully remove Johnson unless he committed a crime.

Such a scenario has even occurred in Johnson’s home state of South Dakota. After South Dakota Sen. Karl Earle Mundt had a stroke in 1969 he remained in office until his term expired in 1973 without casting another vote after the governor refused Mundt’s wish of appointing his wife to the post.

I’m still hoping for Johnson to make a full recovery so that he can return to his duties after the 1st of the year, but if he isn’t able to return I’m not sure I’d be a very happy citizen if my Senator hung onto his seat for partisan reasons when he wasn’t able to perform the duties of his office. And this has nothing to do with partisanship either. I’d feel the same way if Johnson were a Republican who could have a replacement appointed by a Democrat governor.

It would seem unfair to the citizens of South Dakota to have one of the Senators not doing his job for two years, and it would be cruel to have Johnson hold onto that seat with his ailing health due purely to pressure from his party. Which is undoubtedly the only reason why he would hold onto it if incapacitated.



http://www.cnn.com/2006/POLITICS/12/14/johnson.ill/index.html