Serving the Flathead Valley & Montana since 2006. A reality based independent journal of observation & analysis. © James Conner.
Updated 25 November 2014 at 7:51:59 MST.Sometimes, a blogger can outsmart himself. Yesterday I erred when I seriously entertained the proposition that Sen. John Walsh’s appointment to the U.S. Senate may have ended with the 4 November general election. That argument can be made, but upon further consideration I do not find it persuasive. Therefore, I’ve modified this post accordingly.
Updated 24 November 2014 at 9:16:51 MST. Some Montanans, Republicans mostly, want John Walsh to resign as U.S. Senator so that Senator-elect Steve Daines can be appointed in his place, thus giving Daines extra seniority. And since that would leave Montana’s seat in the U.S. House of Representatives vacant, Ryan Zinke could be appointed to that position, thus giving him extra seniority.
That’s not going to happen, and it shouldn't. Both Walsh and Daines should serve their full terms, keeping in mind there’s an argument that Walsh’s term, which is appointed, may last only until the 4 November election is certified:
13-25-202. Vacancy in office of United States senator.
History: En. Sec. 222, Ch. 368, L. 1969; amd. Sec. 52, Ch. 365, L. 1977; R.C.M. 1947, 23-4402.
After mulling it for 24 hours, I am not persuaded that Walsh’s term ends when the 4 November general election is certified by the Secretary of State. I believe his appointment ends at noon on 3 January 2015. My reasoning is in a working memo to myself (PDF).
If one construes that strictly, Walsh’s term ends when the canvass is complete and the Secretary of State certifies the election, leaving Montana without one senator until the next Congress convenes and Daines begins the term to which he was elected. It appears that Gov. Bullock might be able to a appoint Daines to fill month long vacancy. Of course, he could also leave the position vacant, or appoint Amanda Curtis or someone else other than Daines. He could even, if he wants to wreck his own political career, reappoint John Walsh.
The legislature ought to clean up 13-25-202.
This discussion would be moot were newly elected Senators and Representative to take office on 15 November. Not all elections would be resolved by then, but most would be, certainly enough to conduct business fairly.
Our two-month interregnum is an artifact of our constitution’s being drafted in 1786, when mail moved at a pony’s pace, when we had neither good roads, railroads, airplanes, automobiles, nor the telegraph nor telephone. Today, except for members of Congress from Hawaii and Alaska, Washington, D.C., is less than a six-hour flight by jetliner.
None of the original reasons for a months long interregnum apply, and we should amend the U.S. Constitution to recognize modern realities.
In the meantime, it strikes me as unseemly to demand that Walsh and Daines behave like Sarah Palin, quitting before their terms expire.