Gov. Dayton appoints Lt. Gov. Smith to Fill Vacant Senate Seat
Last week, amidst a number of allegations of sexual misconduct, Senator Al Franken (DFL-MN) announced his resignation from the United States Senate. Although the effective date of that resignation is yet to be confirmed, this morning Gov. Mark Dayton announced that he will be appointing Lt. Gov. Tina Smith to the fill the seat, an appointment that will run through January 2019.
At the press conference announcing her appointment, Lt. Gov. Smith declared her intention to run in the 2018 special election. Whoever wins the 2018 special election will then serve out the remaining two years of Franken’s term before immediately standing for re-election in 2020 when Franken’s term expires.
Prior to replacing then Lt. Gov. Yvonne Prettner Solon as Dayton’s running mate for the 2014 campaign, Smith served as Dayton’s chief of staff. Smith has also served as chief of staff to Minneapolis Mayor R. T. Rybak and as an executive for General Mills.
Smith’s Appointment Complicates State Senate Majority
By appointing Lt. Gov. Smith, Dayton creates some uncertainty as to political control of the Minnesota Senate. State law calls for the Senate president to become lieutenant governor. This would elevate Sen. Michelle Fischbach (R-Paynesville) and likely create a vacancy in the Senate.
While there is a theory of constitutional law that suggests it is possible that Fischbach could serve in both capacities, if it is determined that she cannot, her assuming the office of lieutenant governor would drop the Senate Republicans below the 34-vote majority needed to pass legislation. They currently hold a 34-32 majority with a previously DFL-held seat up for special election in February following Sen. Dan Schoen’s resignation.
However, it is also possible that Gov. Dayton and Republican legislative leaders could agree to a special session where the Senate would elect a new Senate President, a Democrat, such that Dayton would be able to add a fellow DFLer to the administration and the Republicans would maintain their majority.
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