ymd
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Republicans about to get the majority in the Senate? Fair play?

Democrat senator Tim Johnson from South Dakota was hospitalized today and it looks like there's fear for his life. It turns out that the law in South Dakota allows the governer to select a replacement senator in this situation, and he can choose to replace him with a Republican, ending the Democrat majority in the senate (there will be a tie, and in cases like this the vice president gets to break the tie).

My question is, did anything like this happen before? It sounds to me like the most unfair way to gain a majority in the senate.

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Actually the governor can only appoint an interim replacement in the case of death, resignation, or refusal to serve by the member, or also in the case of expulsion of the member from the Senate.  This power is granted to all state governors by the US Constitution Ammendment 17.

I'm no scholar on the Congress, but I don't think there has ever been a situation where a Senator was replaced while one party held power by so close a margin.  This is based on the research I've been able to do quickly.  There is a long-standing precedent of Senators holding their seats while incapacitated.  Unless Sen. Johnson dies, I would expect him to hold the seat.


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