Strengthening Constitutional Self-Government

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Minnesota Law on filling Senate vacancy

Given the impact of Senator Wellstone’s unfortunate and untimely death on the balance in the U.S. Senate, both currently and beyond November 5, there will undoubtedly be questions about how Senate vacancies are filled according to Minnesota law.

Minnesota Statute sec. 204D.28, subsect. 11, provides that the Governor may fill vacancies with a temporary appointment, who holds office only until a successor is elected at a special election or, in the case such as this when the vacancy occurs in the year before the term was set to expire, only until an individual is elected for the regular six-year term, in which case the newly-elected Senator will take office immediately for the remainder of the unexpired term.

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