MN senate winner not determined by start of 111th congress

[RIP Robert H Bork]

If by the time that the 111th congress begins, the winner of the MN senate race is still not determined, then what happens?

[Ronnie]

It won't be "decided" because there are plenty of rejected ballots to count, but Al Franken will be Minnesota's next senator.

[I spent the winter writing songs about getting better]

Either the seat can be declared vacant and Pawlenty appoints a very temporary replacement (unlikely) or the Senate declares the seat not vacant and it sits in sort of a limbo until the winner is officially certified and can be seated (likely).

[emailking]

Is Franken's seniority affected if he is not sworn in until a few days after the rest of the incoming senators?

[JohnnyLongtorso]

Is Franken's seniority affected if he is not sworn in until a few days after the rest of the incoming senators?

Probably not by much, since most of the other incoming Democratic freshmen would precede him in seniority anyway -- Congressional and gubernatorial experience, followed by state size, is taken into account when a new class comes in, so Al would only be ahead of Merkley and Begich if he were sworn in on the same day.

http://en.wikipedia.org/wiki/Seniority_in_the_United_States_Senate

[ChrisFromNJ]

If Harry Reid had any balls, Al Franken would be sworn in on the day the 111th Congress convenes.

[Lunar]

If Harry Reid had any balls, Al Franken would be sworn in on the day the 111th Congress convenes.

That's not the issue kid.

Politics isn't about antagonizing your enemy as much as possible when your victory is two weeks away.

Henry Reid doe lack balls, but not for this.

Either the seat can be declared vacant and Pawlenty appoints a very temporary replacement (unlikely) or the Senate declares the seat not vacant and it sits in sort of a limbo until the winner is officially certified and can be seated (likely).

Or 3. Pawlenty appoints a compromise candidate that is acceptable to both sides.  Barkley?

[ChrisFromNJ]

Politics isn't about antagonizing your enemy as much as possible when your victory is two weeks away.

One facet of politics is obtaining power. I do not consider it antagonizing. Al Franken is such a divisive figure that it doesn't matter whether he gets sworn in on the 3rd or the 20th, we are still going to hear bitching from the right about his election. Who the hell cares what they think? They lost.

[I spent the winter writing songs about getting better]

Either the seat can be declared vacant and Pawlenty appoints a very temporary replacement (unlikely) or the Senate declares the seat not vacant and it sits in sort of a limbo until the winner is officially certified and can be seated (likely).

Or 3. Pawlenty appoints a compromise candidate that is acceptable to both sides.  Barkley?

Won't happen because:

1-It requires that both sides trust each other after a race like this.
2-You might as well say "Pawlenty appoints a dodo bird" when you say "Pawlenty appoints a candidate that is acceptable to both sides." An equal number of both exist.

[Jacobtm]

"It's perfectly acceptable for us to just wait to seat somebody until somebody is certified by the state."
- Harry Reid's office

There won't technically be a "vacancy" unless the Senate declares it. Without a technical "vacancy", Pawlenty cannot appoint anyone to fill it. So unless Reid wants Pawlenty to appoint someone, the Senate will just wait until MN certifies the results.