Strengthening Constitutional Self-Government

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On Monday, November 4, Minnesota Governor Jesse Ventura appointed Independent Party member Dean Barkley as interim senator to replace Senator Wellstone. See news account at Findlaw.com.

Contrary to media accounts, Senator Barkley is to serve until the person chosen at the election on November 5 is certified to take office. Minnesota Statute sec. 204D.28, subsect. 11 and 12, 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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