Senator Paul Kirk Must Resign His Seat This Morning
by SusanAnne HillerReporting yesterday on Big Government, I reiterated the fact that interim Senator Paul Kirk should have resigned his Senate seat after the election. However, Kirk certainly has no option but to vacate the MA Senate seat once Brown’s election is certified–all based on Massachusetts state law and Senate rules. In following-up the story it is being reported by The Hill that Senator-elect Brown will be sworn in about 5PM Thursday, February 4th.
In learning this information, I wanted to confirm when Senator Kirk was going to resign his interim Senate seat. Staff at Kirk’s office said that he would step down once Brown was sworn in.
In case Kirk needs a reminder of the changed Massachusetts law that allowed for his appointment by Governor Patrick as the interim senator, here it is:
Chapter 92 of the Acts of 2009
AN ACT RELATIVE TO FILLING A TEMPORARY VACANCY IN THE UNITED STATES SENATE.Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 140 of chapter 54 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following subsection:–
(f) Upon failure to choose a senator in congress or upon a vacancy in that office, the governor shall make a temporary appointment to fill the vacancy; provided, however, that the person so appointed shall serve until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a) or (c). Approved September 24, 2009. Emphasis mine.
The original MA law can be found here.
The MA law is very clear and Scott Brown will have met the requirements necessary; therefore, Kirk must step down as the senator from Massachusetts tomorrow morning, the moment Brown’s election is certified. Massachusetts law does not have any language pertaining to swearing in of the senator-elect. If Kirk does not resign his Senate seat, then he will be in violation of the state law and the Senate rules.
So, the question remains: Will Paul Kirk show up for work and continue to vote throughout the day, including the confirmation of controversial nominee M. Patricia Smith and provide the 60th vote or will he be packing his office and sending his regards to his former colleagues.
Finally, Brown’s demand is a bit melodramatic as he did wait the required time for certification. The Massachusetts Secretary of State, and local election clerks, must wait at least 10 days for absentee ballots (January 29) to arrive before they can certify the results, and then they have an additional five days (February 3, including the weekend) to file the returns with the SOS’s office. The earliest Patrick can sign off on the final certification is February 4th.
What was unreasonable was that the Senate leadership was going to make Brown wait until February 11th to be sworn in. Brown complied with the MA law, won the election, qualified, and has a certified election. All he is asking, at this point, is to rightly and legally take his seat as the Senator from Massachusetts of which Kirk must vacate immediately on the morning of February 4th.
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73 Comments
The people of Massachusetts should give Kirk some ‘It’s time to resign’ phone calls. But then again his phones might be broken just like Mary Landrieu.
It's no wonder then, how their whole agenda is always out prove how "cool" they are. They know inside that they're little a$$holes, so they're always out to show otherwise, cover it up. Who are they trying to kid other than themselves???
Lets just restate that as every demorat must resign including the head rat. I've no use for any of them and none can be considered Americans.
You know, I have just about had it with these games and BS. You would think that Lieberman or a less liberal senator like Bayh would hold things up until Scott Brown is seated and call the Dems out on this nitwittery.
Hallelujah, let the roll back of the left begin!
When do we meet up in DC with our pitchforks? Im ready!
Where are the Republicans on this? Why aren't they screaming from the rafters and holdiong up ANY work in the Senate until this POS is gone? I guess it's another case of the "good old boy network" at work. Vote them ALL out as soon as possible! No incumbants, period. The weasels must GO, all of them!
Why do the Demoscats continually piss us off? Payback will be all the more sweet soon.
Where are the Republicans on this? Why aren't they screaming from the rafters and holdiong up ANY work in the Senate until this POS is gone? I guess it's another case of the "good old boy network" at work. Vote them ALL out as soon as possible! No incumbants, period. The weasels must GO!
IMHO the GOP should keep quiet on this issue! People like Brown has Independents on his side. If the GOP got involved, the Independents would be turned off.
The GOP cannot take seats away from Democrats without Independents. When your adversary is attempting political suicide, stand aside and let them.
I know you may not have meant to literally use a pitchfork, but I instantly got a picture of the MSM, and the cable lefties drooling to show video of "teabaggers" inciting violence. A better choice, for me, would be to send the money a pitchfork costs to a good conservative candidate in your district.
I think it should be taken one step farther and if you are on some sort of govt program (welfare, unemployment, etc.) you shouldn't be allowed to vote. Oh yeah, and own property too. How can one vote on property related issues and not own property themselves. Crazy.
300 pictures of Obama hanging in the White House that are replaced weekly.
it must be like going to mickey d's and picking you lunch from the dollar menu
the lawyers haven't got a hold of this yet… they will INTERPET the law for you…. Rembmer we now go by CASER law instaed of the Constitution !!!!!
How much does this cost the taxpayers !!!!
Been there, done that
Your ideas (which may have merit) sound to Jim Crowish.
You may not want to accept this but the Tea Party movement has the potential of achieving what the Sheriff was alluding to in his first paragraph.
8-28-2010
http://www.glennbeck.com/828/
I do not know how this Brown guy is going to pan out, but one thing is certain after today…
The Democrats will have the second largest majority (not the largest) in senate history.
Now let us see if we can make this second largest majority into the second minority of the 21st century.
I've been fuming about this for two weeks. Where in the ^&*)&)# are the alleged Republican leaders in congress, RNC and the conservative punditry???
MIA is where they are. Personally I don't think they like the idea of a real contender upstart upsetting their cozy go-along-to-get-along style of business as usual.
Kirk should have been barred from his office and his pay stopped on January 19th when his interim term expired.
Even if Brown couldn't be sworn in until certified, he could have begun to set up his office, hire people, etc. This is just the kind mickey-mouse nonsense the left is famous for — slip another one by those bozos on the right.
Let's hope Brown keeps everyone's feet to fire. He's the best hope we've had to a long time.
I've often thought that Illiberals/Regressives (there's nothing liberating or progressive about them) exemplified nerds on steroids. They all got crapped on somewhere in their childhood and were pissed off about being thought "weird" so they go to law school and spend the rest of their lives trying to demonstrate, to the "cool" kids, how smart they are by scorching the earth around them. 'Seems to me, in so doing, proving that the cool kids might have been right. I'm praying for their failure.
Will Massachusetts "Law Enforcement" arrest Mr. Kirk if he fails to comply with the law? What do YOU think?
because they have not received the memo yet.
From here on out we want pols. to have loyalty to our country ahead of loyalty to their party.
I hope there are enough folks in Indiana that are on board come this November.
Stringent Constitution "exit" exams at the end of primary, secondary, and college-level education. One more before each election. I had to take an "exit" exam when I got my degree and it was the best thing to happen to me. 'Made me realize what a bunch of narcoleptic, complacent fools we've been.
While I understand your sentiment, Ray, I can't possibly agree with denying people on government assistance the right to vote. Not only is it unconstitutional and illegal, it's also immoral in the sense that these people are being judged as not worthy of status because of circumstances in their lives, most of which we are not even aware of. The majority of people on welfare are single, young mothers. What they need, instead of denigration, is a way out of the welfare loop that was made so easy for them to begin with(ie, jobs for welfare). And, as an aside, your route would have to necessarily include those who get Veterans benefits as well. Are you prepared to push that idea? You may say that the Veterans "earned" their benefits and so they did but so did the people who are getting unemployment and social security benefits…..they paid into the programs and deserve the help.
Kirk is waiting to the bitter end to see if Mass will change the law AGAIN so he can stay.
Oops, no Kennedy left to push that through!
Don't let the door hit you in the butt on your way out Kirk!
Union bosses are really, really mad.
The labor community is fuming over the expedited plan to seat Senator-elect Scott Brown (R-Mass) this Thursday afternoon, arguing that Democratic leadership is torpedoing one of its most important causes — the nomination of Craig Becker to the National Labor Relations Board.
[snip]
"Democrats were outmaneuvered yet again," emailed a labor source who was granted anonymity to speak freely. "I'm used to us caving, but they didn't even [try to delay Brown's seating]. They just hit the mat.
"I love how we cave to the Republicans and won't seat our Senator, [Al] Franken. Then we reverse cave and seat their senator. I mean forget the analogy of one is playing checkers and the other playing chess. It's like one is playing chess while the other is sitting there picking their nose."
http://laborunionreport.blogspot.com/2010/02/game-changer-brown-likely-to-head-to-dc.html
Union bosses are really, really mad.
The labor community is fuming over the expedited plan to seat Senator-elect Scott Brown (R-Mass) this Thursday afternoon, arguing that Democratic leadership is torpedoing one of its most important causes — the nomination of Craig Becker to the National Labor Relations Board.
[snip]
"Democrats were outmaneuvered yet again," emailed a labor source who was granted anonymity to speak freely. "I'm used to us caving, but they didn't even [try to delay Brown's seating]. They just hit the mat.
"I love how we cave to the Republicans and won't seat our Senator, [Al] Franken. Then we reverse cave and seat their senator. I mean forget the analogy of one is playing checkers and the other playing chess. It's like one is playing chess while the other is sitting there picking their nose."
http://laborunionreport.blogspot.com/2010/02/game-changer-brown-likely-to-head-to-dc.html
Yep, right on. At the bottom of it all, is a self-esteem problem. And liberal politics, where they get to play "do-gooder", is where they gather to circle-jerk.
The White House is one big sicko circle-jerk.
You can tell a liberal because they're always trying to sell you something.
I love how they can't tell the difference between stealing an election (Franken) and illegally allowing an interim senator (Kirk) to remain in his office and vote after his term expired on January 19th.
I would like to know if there is any law or preident that tallies up all of the bills tha Kirk has voed on ince the election was won and repeal them for a new vote! As far as I am concerned as a Massachusetts voter, none of his votes are valid. As one of the radio personalities here in Boston states "This is voter rape".
conducting a "sit in"?
When Huckabee was put into the Governor office in Arkansas, it took a physical force to vacate the office.
I don't believe this story because 1) I've been to the White House and 2) Beck can't count that high.
Can Illinois do the same as in Massachusetts and bring our country back from socialism?
http://www.youtube.com/watch?v=7nEoW-P81-0
Kirk should be allowed to stay for the full kennedy term, another conspiracy by the dark forces on the right to subvert political justice
Could not agree more. Thanks to Susananne Hiller who brought this to the attention of his campaign, and McConnell's office! Coincidence that after Hannity read her feature story live last Friday and she made repeated calls to all parties involved the seating is today. I think not… next…
Yes the dark forces enforcing the laws
Paul Kirk MUST GO! Get out before you're thrown out!
He's like the last guy at a party that just won't go away… even though it after 5am the next morning. Get OUT already!
So you started drinking a little early today huh
No one voted for Kirk he was appointed strictly to pass health care… yet another failure by the maobama admin
I'm pretty sure he can count to at least 5,000,000 which is about how many tv sets are tuned to his show @ 5:00 in the afternoon when most people ar commuting. I wonder how many people are watching each tv…
meanwhile obelman has so few viewers he knows them all by name… lmao
Not that Brown is a bona-fide conservative but…..
With Kirk as our senatorial standard bearer come this November, I am afraid we are going to have to settle on half of a victory.
Kirk will be ok but he is going to half to get his mind right.
I know you make these remarks knowing you will get a few responses.
Loneliness must be tough, so here we are.
They are called free elections not political subversions.
Sure let him stay, he could stay on as the Congressional chamber pot boy!
its about fing time!since i voted brown and he won this clown has voted atleast 9 times all of which were not the way republicans would have voted most likely! i voted my choice to be my voice has one and its about dam time washington listens! seats him and stops jamming stuff behind the scenes while staling! they have done this in 2 days in the past!
i din't vote for a 10 more day wait for a ceremony! and to bend over and take the kirk guys votes for more time than needed! i want my choice to take his palce in the battle to save america from the progressive socialists!
sarah palin should have her tea party right on boston common across from the state house to let them elitists hiding inside see the impending doom come november!
mass said don't tread on us or anyone other of our fellow states!
Brown pulled off a darn near miracle, so let's give him some space to be his own man and do things his own way. Don't forget, he has to run again in November, so easy on the criticism. The dems may come up with a better candidate than Coakley by then. It'd be hard to come up with a worse one.
Citizens that do not have a voice through the ballot box may use civil disobedience in the streets like the civil rights movement did.
I never want to experience that ever again!
First of all, kudos to Sen Kirk for answering the call to service when beckoned by his state's chief executive. Many would have been reluctant to fulfill the request and fill the great hole left by the untimely departure of the Senate's brave Li'n.
As to these calls for Sen Kirk to resign and vacate: Why is it so important that the citizens of MA be left without a sitting representative? Why is it so important that the voters of MA be denied representation….if even for just several hours?
In reading the excerpt of legislation, the blogger emboldened the language he determined to applicable to the perceived situation.
However, it must be pointed out that the language is not directive. It is suggestive in its exposition. It does not direct that the appointed Senator 'must' vacate at such time as described; it simply suggests that he shall have the option of resigning once basic requirements are met. Certainly, upon swearing in, resignation is but a formality; thus no language is necessary to guide the minions upon completion of the electoral process upon formal completion.
I applaud Sen Kirk's commitment to seeing through his appointment and ensuring that the constituents of MA are not left afloat in a rudderless boat…if even for a few hours.
We would not have been in a "rudderless" boat here in MA if Sen. Kennedy had chosen to withdraw from office when he should have. Where was the concern for our "representation" then? So, then, our "wonderful" Democratic legislature made special legislation to appoint an "interim" Senator since they didn't dare to reverse legislation they had enacted previously to "get around" the placement by a Republican governor to replace Sen. Kerry if he had won the Presidency (thank God he did not win)!
By the way,does "Senator" Kirk get a pension for his three month "service" to Massachusetts in the Senate? And, he only "served" so he could continue the "Democratic" agenda, not to represent the "people".
· 12 minutes ago
We would not have been in a "rudderless" boat here in MA if Sen. Kennedy had chosen to withdraw from office when he should have. Where was the concern for our "representation" then? So, then, our "wonderful" Democratic legislature made special legislation to appoint an "interim" Senator since they didn't dare to reverse legislation they had enacted previously to "get around" the placement by a Republican governor to replace Sen. Kerry if he had won the Presidency (thank God he did not win)!
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judy from Mass · 8 minutes ago
By the way,does "Senator" Kirk get a pension for his three month "service" to Massachusetts in the Senate? And, he only "served" so he could continue the "Democratic" agenda, not to represent the "people".
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We would not have been in a "rudderless" boat here in MA if Sen. Kennedy had chosen to withdraw from office when he should have. Where was the concern for our "representation" then? So, then, our "wonderful" Democratic legislature made special legislation to appoint an "interim" Senator since they didn't dare to reverse legislation they had enacted previously to "get around" the placement by a Republican governor to replace Sen. Kerry if he had won the Presidency (thank God he did not win)!
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By the way M. Patricia Smith was confirmed w/ the vote of Kirk
I hope Brown demands the vote be reversed.
These scum liberals, with Obama as their ring leader, simply have no class. To say that they have lack of character is an understatement. Ugliness on so many levels.
Resign???? Why would I not want to keep Harry's SUPER MAJORITY as long as humanly possible??? Why , he might cure world hunger today and need MY VOTE!!! Or, perhaps pass some Barack Hussein Obama POS zinger which explodes later, like saying only declared Progressives can vote in the Senate!!! Stupid little people!
I really hate to repeat a previous post I made, but it seems appropriate here. Who of us really knows why Brown sat back, or why the time of 5pm was agreed to. There is a very important vote today, scheduled for earlier than 5pm i'm sure. Was there some kind of 'deal' made? I dunno. Bottom line is this: Individual Vigilance is Key. Scott Brown is simply a shaky 1% improvement. No one screams positive about getting a 1% raise, 1% off at retail, 1% better gas mileage, etc you get the point. This government entity has got to change. Like my avatar description says, we've spent the last 50 years (plus) laughing at government stupidity, yet doing nothing. To be fair, only in the last 10 years have we had more information with which to digest the hackism that surrounds us with government. But in large part WE caused the problem, not 'government'. In the fight for individual responsibility, it is WE that must fix the problem. One Scott Brown will not fix it – the continual force and will of informed voters only might do the trick, but it's currently the only and best trick we have.
I want to throw this out there – sorry for the off-topic. I believe a first step is to require – even if only a simpleton test – but a required test in civics/government understanding to secure the privilege to vote in national elections (as you probably know there is no 'right', per the Supreme Court). Any takers?
A half-dead Kennedy is representation befitting the citizenry of MA, don't you agree? So, not sure why you would have expected, wanted, or presumed that the Lion would have, should have or even could have resigned.
I agree with your sentiment about placing thanks on the higher power of nature and fate that Kerry did not win. Now, you have him for your Senator for as long as he chooses to serve. And, after 4 years, you have an even better President than Kerry would have been.
Lucky break, indeed!
Well, he is a Democratic. Sitting in on the term of a man (Kennedy) elected by the citizens TO further the "Democratic" agenda, until an election took place. And, at that election the citizens chose a different agenda. Wonder which agenda would have won had Kennedy lived to the next election cycle?
Not sure why you are indignant about that. Seems logical. Really.
Anyway, as for you query about receiving a pension: Why shouldn't he? He answered the bell. He deserves his just returns.
I hope he does to.
And they say no.
Off subject:
Just heard on Beck — Beck's inside source at the WH told him that there are at least 300 pictures of Obama hanging in the White House that are replaced weekly. Basically, replacing historical paintings or photos with pictures of himself. BHO – The New Marxist!!
Apparantly MSNBC's Shuster visited the WH yesterday and was AWESTRUCK at all the photos of BHO. [Of course he was in awe of Barry's photo collection. What an i*iot!!]
Can Illinois do the same as in Massachusetts and bring our country back from socialism?
http://www.youtube.com/watch?v=7nEoW-P81-0
Poser Kirk, please take the next AMTRAK to Beantown
Bayh is no one to look to for any help on anything that isn't approved by the WH. He has so disappointed me over the years that I have given up on him. Maybe we will be lucky and he will be defeated this fall.
Not a second too soon.
Can it be reversed and would Brown taking one off the aye tally and adding it to the neigh tally alter the result?
[...] [...]
Wow…you morons are a hoot!
It's amazing to me how much stupidity comes forth over a non-issue. And you're pinning your hopes on Small Time Scott Brown? Well, he can certainly continue his career as a lightweight minority party senator. After all, he had plenty of practice in MA.
Goodbye, and good riddance Mr. Kirk….
Gad, there should be a warning sign before visiting this comments site. I'm afraid my computer caught some disease from all the spittle flying around.
You're right. The trolls are messy, drooly little twirps.
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