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September 11, 2010 02:12 AM UTC

When is Bennet's "Term" Officially Over?

  • 21 Comments
  • by: Colorado Pols

UPDATE: Bennet’s campaign tells the Wall Street Journal’s anonymous source “thanks for speculating” in a report at the Denver newspaper today, but he’ll be serving his full term regardless of what happens in November. And the Secretary of State’s spokesman Rich Coolidge confirms that Bennet’s term runs until the next Congress is sworn in January–assuming the relevancy of the question to begin with, naturally.

A nice rumor to plant, but Karl Rove doesn’t need any more reasons to spend money here.

—–

Interesting blog post today at the Wall Street Journal regarding Sen. Michael Bennet and speculation about a potential lame-duck session of Congress after Election Day:

There seems to be a dispute brewing over when Colorado’s new U.S. senator would take his seat, at least if Republican Ken Buck beats incumbent Sen. Michael Bennet in November.

State officials tell Washington Wire the new senator would be sworn in on Jan. 3, with the new Congress. But Republican officials say the state law indicates that Bennet’s term, since he was appointed to fill a vacancy, should actually end immediately after the election.

Four other Democratic Senators who were appointed to their current posts are also up for re-election this year, so we’ll likely be hearing more about this at some point. In the meantime, are there any election law Polsters out there who can tell us the Colorado answer? Whether or not Bennet is re-elected, technically there is an end date on his current term, right?

As confusing as this may be, it could be worse — we could be in Illinois:

In Obama’s old Senate seat in Illinois, where the term of appointed Sen. Roland Burris ends after the election, voters will actually vote twice in that race in November – to fill the final weeks of Obama’s unexpired term and then for the new Senate term starting in January.

Comments

21 thoughts on “When is Bennet’s “Term” Officially Over?

  1. after Feinstein beat appointed Sen John Seymour, she took office immediately (thus becoming CA’s “senior” senator in Jan. even though she and Boxer were elected on the same day).

    The same was true in Missouri w/ Jean Carnahan.

    I think the same thing happened in KS w/ Bob Dole’s appointed replacement when she failed to even get nominated (not that I can remember her name now…)

    Dean Barkley (who replaced Paul Wellstone)on the other hand served until the start of the next congress.

    In other words, I have no idea what happens in CO, just other states.  🙂

  2. C.R.S. 1-12-201. Vacancies in office of United States senator.

    (1) When a vacancy occurs in the office of United States senator from this state, the governor shall make a temporary appointment to fill the vacancy until it is filled by election.

    (2) When a vacancy occurs, the governor shall direct the secretary of state to include in the general election notice for the next general election a notice of the filling of the vacancy. The secretary of state shall give notice accordingly. At the election, the vacancy shall be filled for the unexpired term. If, for any reason, no United States senator is elected at the next general election, the person temporarily appointed by the governor shall hold the office until a United States senator is elected at a succeeding general election.

     

    1. At the election, the vacancy shall be filled for the unexpired term . . . means to me Buck would be sworn in after the results are certified and not need to wait until January.

      1. Whomever gets sworn in, gets sworn in January.



        sorry to pop your “inroad to ending socialism in America as Immediately as possible deadline” wish balloon. really the republicans desperate need for power can wait till January. That’s the way it is H-squaw.

        like Ali Hasan says later, it is also the classy thing to do.

    2. ” At the election, the vacancy shall be filled for the unexpired term. :

      So are we voting to fill the vacancy or to elect the new senator?

      It sounds like we’re voting to fill the vacancy. So when do we elect the next senator?

          1. The governor fills the vacancy until the next general election.  at the next general election, we decide who fills the remainder of the unexpired term.

            At the next general after THAT, we get back on the cycle of Senate Terms I or II.

    3. And the current election situation doesn’t help.

      The seat was due to be filled for regular election; Salazar’s term expires at the end of 2010 anyway.  On a technicality, I’d say the law really calls for two elections – one for a one-month+ vacancy, and one for the general election.  This mirrors several other states’ procedures.

      As we only have one election on the ballot, and it is for the full-term seating of a Senator, I’d say we as voters don’t have a vacancy election which we can vote on.

      I’d suggest if the Republicans want to contest this, they should sue the State for not having a vacancy election to fill a one-month slot.

  3. First off… I give Buck an 80% chance of winning and beating Bennett

    That said…. Memo to Ken Buck Campaign — STOP SAYING THAT YOU’LL TAKE THE SEAT EARLY!!!!

    A few points –

    1. What is this? The Denver School Board? If we win, let Bennett stay until January – you know why? Because it’s the ‘classy’ thing to do (and looking ‘classy,’ in politics, is IMPORTANT)

    2. We’re looking like arrogant pricks for even bringing the point up — TEAM KEN BUCK — focus on WINNING!!!! Stop trash talking – it’s costing us votes

    Love – ALI

  4. I think the GOP is right and the appointment is until the election results are certified.  What to me is stunning is the 538.com post showing John Salazar likely to lose and Ed Perlmutter having a 33% chance of losing.  This means that there will be whole lot of Republican money invested in the State.  This may trickle down and cost the Democrats State House and Senate seats.

    http://fivethirtyeight.blogs.n

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