Lemme guess. If Byrd had been a Republican, there would be no ambiguity at all, right?
*******************
Correct. A bit like the continued voting by the appointed Democrat senator of Massachussetts days after the popular election of his Republican replacement.
These things must be done in proper order.
This is just too easy to call.
Congress is not in session so there is no vacancy. When they reconvene, the vacancy exists (less than 2.5 years)