… As we’ve got a cockroach problem here in Massachusetts. (Fraudulently) appointed House of Lords life peer Paul Kirk (address him as Lord Kirk) just can’t be trusted to leave office at 12:01am Wednesday. Instead, this creep is going to fight to remain in power until forced out.
In fact, I suspect if he could get away with it, the special election would be cancelled and Kirk would serve out the rest of Kennedy’s term. Even Martha Coakley is a threat to this mega-creep.
At the Weekly Standard, Fred Barnes makes the situation absolutely clear: Kirk MUST GO IMMEDIATELY AFTER THE ELECTION.
Democrats in Massachusetts have talked about delaying Brown’s “certification,” should he defeat Democrat Martha Coakley on Tuesday. Their aim would be to allow Kirk to remain in the Senate and vote the health care bill.
But based on Massachusetts law, Senate precedent, and the U.S. Constitution, Republican attorneys said Kirk will no longer be a senator after election day, period. Brown meets the age, citizenship, and residency requirements in the Constitution to qualify for the Senate. “Qualification” does not require state “certification,” the lawyers said.
An appointed senator’s right to vote is not dependent on whether his successor has been certified, the lawyers said. In Massachusetts, the election of a senator must be certified by the governor, the governor’s council, and the secretary of state – all of them Democrats.
If Brown wins narrowly and a recount is being conducted, Democratic lawyers might claim that he hasn’t been “duly elected.” Republican attorneys believe, however, that a candidate has actually been elected, though it won’t be clear who that is until the recount is completed. In Massachusetts, a recount can occur if the margin of victory is less than half a percent of the total vote.
Republican lawyers have examined Massachusetts particularly to find the rules governing a recount. They also studied the law passed after Kennedy’s death on a Senate successor.
At The Hill, Kirk makes it appear he supports an orderly transition, but one that gives him at least ten extra days in office. It’s when one reads between the lines in the confusing scenario he presents that it becomes clear he’ll be happy for extra time should the Dems succeed in pulling a Franken-Gregoire (recounting votes endless until their candidate wins).
Barnes is correct: Kirk is out no matter what happens. Tuesday MUST be his last day, even if he has to be forcibly removed from the Senate chamber.
Beacon Hill legislators created a monster in the appointment of Kirk, a factor that may be contributing to Coakley’s weakness. I saw this point cited on today’s Meet The Press.