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In reply to the discussion: Franken successor to be announced Wednesday [View all]onenote
(42,700 posts)The Constitution doesn't allow vacancies in the House to be filled by appointment, so it makes sense that a case involving a House member would refer to the member being elected.
But the Constitution allows Senators to be appointed to fill vacancies or by special election. There is no reason to think that Senate can apply a different standard to a Senator chosen by a governor as Constitutionally permitted or one chosen by a special election. Indeed, the Constitutional provision describing the qualifications to be a Senator at that he or she has to be at least 30 years old, a citizen of the US for at least nine years, and an inhabitant of the State in which the person shall be "chosen."
It's beyond imagination that Dayton will pick someone who doesn't meet the qualifications to be a Senator stated above. Once he does, the Secretary of State of Minnesota will complete a certification that will be presented to he Secretary of the Senate. The Senate even has adopted a model form of such certification specifically for situations in which a Senator is appointed to an unexpired term (although use of that particular form is not required).
Recall that the seating of Roland Burris, who was appointed by Rod Blagojevich to fill the Senate seat vacated by Obama, was delayed briefly because the Secretary of State of Illinois refused to sign the prescribed certificate of appointment and, notwithstanding the fact it was signed by Blagojevich, the Secretary of the Senate refused to accept it as valid. However, the Illinois courts found that the governor's signature on the certification was sufficient and after Burris presented a copy of the form with the state seal, he was seated.