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View Diary: Daily Kos Elections New Jersey special Senate election liveblog (298 comments)

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    •  The Senate can seat him if it wants to (3+ / 0-)
      Recommended by:
      DemocraticLuntz, Wreck Smurfy, gabjoh

      The House seats new members based on faxed vote reports all of the time.

      Ok, so I read the polls.

      by andgarden on Wed Oct 16, 2013 at 05:32:52 PM PDT

      [ Parent ]

      •  Remember Roland Burris? (6+ / 0-)

        I wrote about the Senate Rules issue on 1-7-09.  Basically, they can't be sworn in until there's a certificate of election or appointment presented. According to the Rules:

        2. The Secretary shall keep a record of the certificates of election and certificates of appointment of Senators by entering in a wellbound book kept for that purpose the date of the election or appointment, the name of the person elected or appointed, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected or appointed.

        3. The Secretary of the Senate shall send copies of the following recommended forms to the governor and secretary of state of each State wherein an election is about to take place or an appointment is to be made so that they may use such forms if they see fit....

        Inq, yesterday:
        Gov. Christie has until Nov. 13 to certify the results of the special Senate election, though he doesn’t expect to take that long.

        “The winner of (Wednesday’s) election will be sworn in as quickly as possible after the results have been verified and certified. We fully anticipate this to happen before the Nov. 5th election day,” said a statement from Gov. Christie’s office.

        That gives us a date of the latest the new Senator will formally join the chamber, though it might happen faster.

        •  I do remember the Burris situation, (0+ / 0-)

          which was silly. Basically, Durbin and Reid contrived an excuse to seat a tainted Senator (who ultimately turned out to be harmless).

          But you're quoting a Senate rule; one that is not inconsistent with what I said: the Senate can seat him if it wants to.

          Ok, so I read the polls.

          by andgarden on Wed Oct 16, 2013 at 05:52:04 PM PDT

          [ Parent ]

          •  Not without the certificate (2+ / 0-)
            Recommended by:
            Wreck Smurfy, VClib

            Scott Brown got it expedited by a week, but you need the certificate:

            If this was the House, it wouldn’t be necessary for Congress to wait that long. Last year, a special election was held in the 10th Congressional District on Nov. 6 to complete the unexpired term of the late U.S. Rep. Donald Payne. His son, Donald Payne Jr., won that election (as well as one for a full two-year term) that day and was sworn into office on Nov. 15, nine days later, based on the unofficial election returns as relayed to Congress by the state.

            From that day’s timeline of House floor activities: “The House received a message from the Clerk. The Clerk transmitted to the House a scanned copy of a letter received from the Honorable Kimberly M. Guadagno, Lieutenant Governor/Secretary of State, State of New Jersey, indicating that, according to the unofficial returns of the Special Election held November 6, 2012, the Honorable Donald M. Payne Jr. was elected Representative to Congress for the Tenth Congressional District, State of New Jersey.”

            That’s not good enough for the Senate, however.

            Secretary of the Senate Nancy Erickson tells my colleague, Malia Rulon Herman of our Washington bureau, that the Senate requires the actual certified results, not unofficial ones. Once the certificate is received by the Senate, the swearing-in will be scheduled — probably pretty quickly, especially if Democrats regain a seat currently held by the Republican Chiesa — by Gary Myrick, the Senate’s Democratic secretary.

    •  If the results aren't particularly close (1+ / 0-)
      Recommended by:

      and the opponent has conceded, I thought they swear the person in pretty much right away?

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