Senator Tim Johnson (D-SD) has been admitted to the hospital after possibly suffering a stroke. On the good side, it appears that he got early medical attention. On the bad side, if he cannot continue in office he will be replaced by a Republican and the Senate will flip back to the Republicans.
Should the 59 year old Johnson’s health problem be serious enough to force him to resign from the Senate, according to the South Dakota secretary of state, the governor of South Dakota may appoint a replacement. The appointment would last until the next general election — in this case, 2008. Johnson’s term happens to expire in 2008.
The 17th amendment of the U.S. Constitution says state legislatures can give their governors the power to appoint someone else to take over, but only in the case of “vacancies.”
What’s a vacancy? Clearly death or resignation, but history suggests not much else. Serious illness doesn’t count.
The Senate Historian’s office cites several examples of a senator being incapacitated for years and remaining in office.
Most recently, Sen. Karl Mundt (ironically, also from South Dakota) suffered a stroke in 1969 and was incapacitated, but he refused to step down. He remained in office until Jan. 1973 when his term expired. Mundt was pressured repeatedly to step down during his illness, but he demanded that the governor promise to appoint his wife. The governor refused, and Mundt remained in office.
Another example was Sen. Carter Glass, D-VA. Sen. Glass had a heart condition that prevented him from working for most of his last term after his re-election in 1942. Yet Glass refused to resign, and finally passed away from congestive heart failure in his apartment at the Mayflower Hotel in Washington DC in May of 1946.
Hopefully, Mr. Johnson will make a good recovery.
If it should come to pass that the Republican Governor appoints a replacement (most likely a Republican), that appointment will only serve the 90 days. That’s how long the state has to stage a special election. Whoever wins that election will serve the remainder or Senator Johnson’s term, which expires in 2008.
I wish Sen. Johnson the best, but should his health require him to step down, the Democrats have every opportunity to replace him.
Don’t Panic! (And be sure to take your towel.)
Link to Raw Story article that says there is some question as to which statute would govern a replacement for a SD senator: one that gives the state 80 – 90 days to stage a special election; or, one that would have the appointee serve out the remainder of the original senator’s term.
Thanks for the info re: SD senatorial replacement law. This is serious, but we shouldn’t turn it into a “death watch” unnecessarily. I just hope he’s OK. Stroke can be a sneaky disease and can happen to anyone.
My best wishes to him–and to us, keep thinking positive thoughts.
(And keres, becuase I just couldn’t help it:
Don’t Panic! (And be sure to take your towel.)
That’s good, that’s good…run with it.)
It doesn’t sound terribly serious, from what the media is describing. Not a massive stroke, at least. Best wishes to him and his family.
http://news.yahoo.com/s/ap/20061214/ap_on_go_co/johnson
I hear he is speaking and doing well.
LINK
Dana Bash reported on CNN that he did not have either a stroke or heart attack, but they do not know yet what was wrong.
To clarify – his replacement will be appointed by a Republican. It’s by no means a given that “he will be replaced by a Republican” although that’s a possibility if he doesn’t recover.
BooMan, glad to see you up and about. Feeling better I hope.
that said that Johnson was disoriented, but did not have a stroke — he is under observation. We may have dodged this bullet…but this is why it’s too early to talk about impeachment until the House conducts their thorough investigations, so they can get enough evidence to convict the bastard(s)…
may have had a TIA(transient ischemic attack) or mini stroke. The symptoms are all the same as a full on stroke but with no permanent damage. I know this because that is what happened to me six months ago. TIAs may lead to stroke if one does not get contributing circumstances like blood pressure, smoking etc under check. I am sure he will be fine,
My best wishes to the Senator and his family.
last year or early this year? I seem to recall something about that…and he seems to have come through without lasting damage.
Perhaps it’s a wakeup call, nothing more…
Get some rest, the right treatment and get back into the saddle by degrees. We need you!
I hope he comes out OK.
But there are too damned many coincidences in this world.
Coincidences that happen to Democrats in positions of power.
Has he been tested for polonium? (I am only joking, of course. Or am I?)
If you were a Democratic Senator of some importance…and a majority of one makes them all important…would YOU fly in an airplane that didn’t have several really important Ratpubs on it after what happened to Senator Wellstone?
Listen…we are all quick to pooh-pooh and wink wink, nudge nudge when some Banana Republic or Kleptocratic State politician “regrettably meets with an accident.”
“Yeah, RIGHT!!!” we all go.
But when the Heinzes and the Wellstones and the Kennedys…and yes, even the Johnsons…meet with “the regrettable” there is not a fucking tinfoil hat to be found.
Meaty. this world.
Verry meaty.
Good night, and…
Sweet dreams.
Or…wake the fuck up.
Yo’ choice.
AG