Paul Kirk allowed to vote

US Senate Roll Call ^

[eh77c]

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=2&vote=00001

[OldDeckHand]

"What you said is completely incorrect."

No, it's not. The "election" isn't over because the votes haven't been counted - the counties had 10 days to continue to receive and count absentee ballots.

Moreover, one needs look no further than the Robert Krueger v. Kay Bailey Hutchison special election to take Lloyd Bentsen's seat in 1993. That election was "held" on June 5, 1993, but Senate records clearly indicate that Kreuger - who was the Dem appointee temporarily holding the seat - stayed in officce until nine days later on June 14. In fact, Kreuger voted on June 10, without objections.

I've read some of the stories based on the CRS report. They're unconvincing because they all allude to language in the report that says the interim office holder's term expires immediately upon the election being held. It's difficult, and without judicial precedent, to say you've held an election, and you haven't counted all the votes.

Even with the precedent found in Powell v. McCormack case, no court would hear this until such a time that the election process was completed.

[OldDeckHand]

"The people have voted. Kirk is no longer senator."

Some of the people have voted. Until such a time that all the votes are counted, the election is ongoing. By statute as prescribed by MA law, the counties have 10 days to receive absentee ballots, and to count them.

"Reid may stall and not let Brown vote--Article I, Sec. 5 says that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members...""

Reid could only stall up to the time that the election is certified. Then, because of a Supreme Court decision called Powell v. McCormack (sp?), this challenges are justiciable, and Brown would prevail in an expedited ruling, forcing Reid to seat Brown, and probably ending in a Constitutional crisis. The only cases brought based on the Powell ruling have been rendered moot because the Legislature always blinks before the case can be heard.