From: "Rich Gauszka" 

There will be an election if Johnson is forced into retirement ( that 
looks like wishful thinking by Republicans at the moment ) . The only
question will be when - (90 days after vacancy or in 2008. South Dakota has
conflicting statutes and this matter, if necessary,  would probably be
resolved in the courts. In other words the constitution is being followed
and this isn't a problem


http://www.rawstory.com/news/2006/Senator_Tim_Johnson_reportedly_suffers_stroke
_1213.html
If Johnson were to be forced into retirement, the US Constitution delegates
the task of appointing a replacement to South Dakota lawmakers, who in
turn, often turn that task over to the Governor. The Governor of that
state, Mike Rounds, is a Republican, and both houses of the state
legislature are dominated by Republicans.

However, in the case of South Dakota, the decision falls to Rounds, whose
appointment would serve as senator until a special election held between 80
and 90 days after the vacancy.

A different statute, though, says that the election would take place in
2008, adding that, "The general election laws shall apply unless
inconsistent with this chapter."

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=12-1
1-5

12-11-5.   Special election to fill senate vacancy. The special election to
fill the vacancy of a senator shall be held at the same time as the next
general election.

"Phil Payne"  wrote in
message news:4580968a$1{at}w3.nls.net...
> http://thecaucus.blogs.nytimes.com/2006/12/13/democratic-senator-hospitalized
-for-possible-stroke/
>
> "Mr. Johnson's health could have a bearing on the makeup of the Senate,
> where the Democrats won a one-vote majority in the November elections. If
> his health problems are serious enough to prevent him from serving, the
> Republican governor of the state, Mike Rounds, would name a replacement to
> his seat, theoretically raising the possibility of a 50-50 split."
>
> HUH?
>
> This is a "democracy"?  Doesn't sound like it to me.  If an
MP snuffs it,
> we
> have a "by-election" and the people get to decide who replaces him.
>
> You know, after the Florida business with Shrub and now this, I think the
> Yanks ought to sort out their own "democracy" before trying
to foist it on
> others with bombs.
>
> --
>  Phil Payne
>  http://www.isham-research.co.uk
>  +44 7833 654 800
>
>

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