To make sure you receive future emails,
please add news@larkinhoffman.com to your address book or safe list.

CapWatchHeader

December 13, 2017


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.


Subscribe

Our Team


Peter Coyle

952-896-3214

Email



Peder Larson

952-896-3257

Email



Margaret Vesel

952-896-3371

Email



Robert Long

952-896-3232

Email



Matthew Bergeron

952-896-3203

Email



Gerald Seck

952-896-3205

Email


Keep in Touch

Visit us on the Web

 

Follow us on Twitter


Follow us on LinkedIn






Larkin Hoffman provides counsel to a wide variety of ‎organizations, from ‎small businesses and nonprofits to  Fortune 500 companies, in ‎many areas of practice including ‎corporate and governance matters, litigation, real ‎estate, government relations, labor and employment, intellectual property, ‎information technology, ‎franchising and taxation. The firm also serves the needs of individuals in many ‎areas ‎including trusts and estates, personal injury and family law.

 

This newsletter is provided as a service to our clients and firm associates. While the information provided in this newsletter is believed to be accurate, it is general in nature and should not be construed as legal advice.