I’ve read a bunch of people assuming that Elizabeth Warren can’t be Vice President, or be in the next President’s cabinet, because she’d be giving up a Senate seat to the GOP after Massachusetts Governor Charlie Baker appoints a Republican. I’m here to tell you that it ain’t necessarily so. The mechanism is fairly simple — she can resign this year and be replaced this year.
According to the National Conference of State Legislatures (www.ncsl.org/...), Massachusetts is one of 14 states which replace their Senators via a special election. Massachusetts law — M.G.L.A. 54 §140 — says this: 145-160 days after vacancy occurs. If a vacancy occurs after April 10 but on or before the 70th day before the regular state primary, the office shall appear on the regular state primary ballot. If a vacancy occurs after that time, the office shall appear on the state election ballot that November.
Governor Baker could appoint a Republican upon her resignation, but in the mechanism above, there are two options: If she resigns between today and April 9, there would be a special election some time between July 28 and September 16. If she resigns between April 10 and June 23, her seat would be up for a special election held on Election Day to fill the rest of the term. In either case, the winner of the election would be sworn in immediately.
Warren’s resignation also solves a problem. Massachusetts is enduring a massively pointless primary fight between two strong Democrats — Incumbent Senator Ed Markey and Congressman Joseph Kennedy III. If Warren resigns, Kennedy can simply move over and run for this other seat, and everybody’s happy. Whoever Baker appoints would be a serious underdog to Rep. Kennedy.
And it’s not like there’s a lot going to get done that Warren would be able to stop in the Senate the rest of 2020. The Senate has done virtually nothing but confirm judges the whole term.
I’m a frustrated Warren voter — I’m in Florida, and I’m voting on 3/11 or 3/12 early, so I missed my chance to vote for her. Heck, its not likely, but I may still vote for her in protest of the way this all happened. But there are no limits as to how she can serve the next President, be it Sanders or Biden. If not as Vice President, maybe as Secretary of the Treasury. I also like the idea of her being in charge of the transition team, having a huge say in hiring staff for what will have to be a massive rebuild of virtually all facets of the federal government.