[EL] when will new vote on Senate leaders occur?

Svoboda, Brian (Perkins Coie) BSvoboda at perkinscoie.com
Thu Jan 7 14:45:49 PST 2021 

There was also recently a blog post by Marty Paone, a former floor aide to Senator Daschle, and who was there in 2000-2001, on this same subject: http://prime-policy.com/2020/11/50-50-how-a-split-senate-might-operate/.
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From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Barry Burden
Sent: Thursday, January 07, 2021 5:27 PM
To: Charles H Stewart <cstewart at mit.edu>; Hess, Douglas (Doug) <HESSDOUG at Grinnell.EDU>; Mark Scarberry <mark.scarberry at pepperdine.edu>; Vladeck, Stephen I <SVladeck at law.utexas.edu>; Pildes, Rick <rick.pildes at nyu.edu>; Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] when will new vote on Senate leaders occur?

Also see this fresh PolitiFact piece by Lou Jacobson on prior 50-50 splits in the Senate and what rules or agreements were adopted:

https://www.politifact.com/article/2021/jan/07/how-will-senate-work-under-50-50-tie/<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.politifact.com_article_2021_jan_07_how-2Dwill-2Dsenate-2Dwork-2Dunder-2D50-2D50-2Dtie_&d=DwMF-g&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=liAVgWK_6sjbUg6EC0f0khf6MyboEmFwaqEV2P3ukag&m=RjjAO3iTdOBEv3FoNjpDFhSGehwVAytuZKE4PddkMcE&s=vldW9EaCS3T_48B3AYOc_K08BdkM3VvVGzL3bW8sQBE&e=>

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Barry C. Burden
Professor, Department of Political Science
Director, Elections Research Center (elections.wisc.edu)
University of Wisconsin-Madison
Twitter: @bcburden
Web: barryburden.info
------------------------------------------------------------------------

________________________________
From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of Charles H Stewart <cstewart at mit.edu<mailto:cstewart at mit.edu>>
Sent: Thursday, January 7, 2021 4:21 PM
To: Hess, Douglas (Doug) <HESSDOUG at Grinnell.EDU<mailto:HESSDOUG at Grinnell.EDU>>; Mark Scarberry <mark.scarberry at pepperdine.edu<mailto:mark.scarberry at pepperdine.edu>>; Vladeck, Stephen I <SVladeck at law.utexas.edu<mailto:SVladeck at law.utexas.edu>>; Pildes, Rick <rick.pildes at nyu.edu<mailto:rick.pildes at nyu.edu>>; Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: [EL] when will new vote on Senate leaders occur?


Harris's replacement has already been appointed, so the swap will be quick.  No need for a statewide election.



In the 107th Congress, the Senate passed a resolution on opening day (SRes 7) designating a slate of Democratic chairs of all the committees, followed by the list of Republican chairs, as of 1/20 (subject to Republican conference ratification).  Robert Byrd was president pro tem from 1/3 - 1/20, when Thurmond took over (until 6/6, when Byrd took over agan).



On 1/5, the Senate passed SRes 8, the "power sharing agreement."  https://www.congress.gov/bill/107th-congress/senate-resolution/8/text<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.congress.gov_bill_107th-2Dcongress_senate-2Dresolution_8_text&d=DwMF-g&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=liAVgWK_6sjbUg6EC0f0khf6MyboEmFwaqEV2P3ukag&m=RjjAO3iTdOBEv3FoNjpDFhSGehwVAytuZKE4PddkMcE&s=S_H-_cLH6TrLQmXIkgklOoCGVcLTVzsRxPhLg9cVnLM&e=>.  This CRS report summarizes it:  https://www.everycrsreport.com/reports/RS20785.html#_Toc231984084<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.everycrsreport.com_reports_RS20785.html-23-5FToc231984084&d=DwMF-g&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=liAVgWK_6sjbUg6EC0f0khf6MyboEmFwaqEV2P3ukag&m=RjjAO3iTdOBEv3FoNjpDFhSGehwVAytuZKE4PddkMcE&s=BjuVcgqPWYnPcnDyrkGT1rJC2BCnJaIqbVhnoldSyT4&e=>.



-cs



From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> On Behalf Of Hess, Douglas (Doug)
Sent: Thursday, January 7, 2021 2:32 PM
To: Mark Scarberry <mark.scarberry at pepperdine.edu<mailto:mark.scarberry at pepperdine.edu>>; Vladeck, Stephen I <SVladeck at law.utexas.edu<mailto:SVladeck at law.utexas.edu>>; Pildes, Rick <rick.pildes at nyu.edu<mailto:rick.pildes at nyu.edu>>; Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: [EL] when will new vote on Senate leaders occur?



Are there any Senators besides Harris leaving to join the administration? Memories of MA and Kerry come to mind.



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Douglas R Hess

Assistant Professor, Political Science/Policy Studies

Grinnell College

On sabbatical until fall 2021

My latest op-ed using Grinnell College National Poll: https://bit.ly/hesshess102020<https://urldefense.proofpoint.com/v2/url?u=https-3A__bit.ly_hesshess102020&d=DwMF-g&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=liAVgWK_6sjbUg6EC0f0khf6MyboEmFwaqEV2P3ukag&m=RjjAO3iTdOBEv3FoNjpDFhSGehwVAytuZKE4PddkMcE&s=yjm2VuVzGfUnBbTBwxg-OnYwRU-puMMHfAuQOukxbHY&e=>



Website: http://www.douglasrhess.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.douglasrhess.com&d=DwMF-g&c=XRWvQHnpdBDRh-yzrHjqLpXuHNC_9nanQc6pPG_SpT0&r=liAVgWK_6sjbUg6EC0f0khf6MyboEmFwaqEV2P3ukag&m=RjjAO3iTdOBEv3FoNjpDFhSGehwVAytuZKE4PddkMcE&s=KJd238cYEDqo7Ia65ujjECBWmOxNVyyB_S9oy2Kh_WQ&e=>

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From: Mark Scarberry <mark.scarberry at pepperdine.edu<mailto:mark.scarberry at pepperdine.edu>>
Sent: Thursday, January 7, 2021 1:30 PM
To: Hess, Douglas (Doug) <HESSDOUG at Grinnell.EDU<mailto:HESSDOUG at Grinnell.EDU>>; Vladeck, Stephen I <SVladeck at law.utexas.edu<mailto:SVladeck at law.utexas.edu>>; Pildes, Rick <rick.pildes at nyu.edu<mailto:rick.pildes at nyu.edu>>; Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: when will new vote on Senate leaders occur?



I have heard that the Senate was 50-50 when Cheney was VP and that, instead of the GOP taking control, there was a power-sharing arrangement between the GOP and Democratic Senate leaders. Does anyone know whether that is correct and whether something similar will be put in place this time (after Sen. Harris takes office as VP and the Georgia Senators are seated)?



Mark



Mark S. Scarberry

Professor of Law

Pepperdine University Caruso School of Law



________________________________

From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of Hess, Douglas (Doug) <HESSDOUG at Grinnell.EDU<mailto:HESSDOUG at Grinnell.EDU>>
Sent: Thursday, January 7, 2021 11:22:55 AM
To: Vladeck, Stephen I <SVladeck at law.utexas.edu<mailto:SVladeck at law.utexas.edu>>; Pildes, Rick <rick.pildes at nyu.edu<mailto:rick.pildes at nyu.edu>>; Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: [EL] when will new vote on Senate leaders occur?



Good point. I was wondering if there's time for congress to appoint another body to remove Trump (not just the cabinet) as they are allowed by the 25th. I guess a filibuster would prevent it regardless of who leads the Senate.



-----------------------

Douglas R Hess

Assistant Professor, Political Science/Policy Studies

Grinnell College

On sabbatical until fall 2021

My latest op-ed using Grinnell College National Poll: https://bit.ly/hesshess102020<https://urldefense.proofpoint.com/v2/url?u=https-3A__bit.ly_hesshess102020&d=DwMF-g&c=HUrdOLg_tCr0UMeDjWLBOM9lLDRpsndbROGxEKQRFzk&r=xr_OjwGHtP-zw6I-DJj_MQ4cusLbiVT1bScGa0c8ZJo&m=dXZM4tpxFXFvKy-7t1rx-Z0AitRF-OviHs8UqeyfOfM&s=mBM5Cq8f_zPwmo878qUmJZmo8r1l1DPnblXcFM_BgCg&e=>



Website: http://www.douglasrhess.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.douglasrhess.com&d=DwMF-g&c=HUrdOLg_tCr0UMeDjWLBOM9lLDRpsndbROGxEKQRFzk&r=xr_OjwGHtP-zw6I-DJj_MQ4cusLbiVT1bScGa0c8ZJo&m=dXZM4tpxFXFvKy-7t1rx-Z0AitRF-OviHs8UqeyfOfM&s=la6VK1pjbtv3QrS2a_FqOuYM0qQ4-_mO3p41Ca3P1Ds&e=>

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From: Vladeck, Stephen I <SVladeck at law.utexas.edu<mailto:SVladeck at law.utexas.edu>>
Sent: Thursday, January 7, 2021 1:21 PM
To: Pildes, Rick <rick.pildes at nyu.edu<mailto:rick.pildes at nyu.edu>>; Hess, Douglas (Doug) <HESSDOUG at Grinnell.EDU<mailto:HESSDOUG at Grinnell.EDU>>; Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: RE: when will new vote on Senate leaders occur?



But there won't be any change in leadership, at the earliest, before January 20-since Pence will still be the presiding officer through then. So even once the GA Senators are seated, McConnell is still in charge until Harris is sworn in.



From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> On Behalf Of Pildes, Rick
Sent: Thursday, January 7, 2021 1:19 PM
To: Hess, Douglas (Doug) <HESSDOUG at Grinnell.EDU<mailto:HESSDOUG at Grinnell.EDU>>; Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: [EL] when will new vote on Senate leaders occur?



As soon as the state canvass and certification process is completed.  I am not certain how long it will take GA to do that, since these are the only two races they have to deal with.  I would think at least a week though.  And I assume Perdue will go to the courts.



From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Hess, Douglas (Doug)
Sent: Thursday, January 7, 2021 2:15 PM
To: Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: [EL] when will new vote on Senate leaders occur?



When will the new GA Senators take their seats and a new vote on Senate leaders take place?



-----------------------

Douglas R Hess

Assistant Professor, Political Science/Policy Studies

Grinnell College

On sabbatical until fall 2021

My latest op-ed using Grinnell College National Poll: https://bit.ly/hesshess102020<https://urldefense.proofpoint.com/v2/url?u=https-3A__bit.ly_hesshess102020&d=DwMFAg&c=slrrB7dE8n7gBJbeO0g-IQ&r=v3oz9bpMizgP1T8KwLv3YT-_iypxaOkdtbkRAclgHRk&m=0sI_3Z9ZwIPhJ_goqFjuoUAIU8XjgIzsPDA3xJs7xGY&s=njRjD9M4ZfoSpAmH37hvYp4qtdg8d1LpalbnsAh8l_o&e=>



Website: http://www.douglasrhess.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.douglasrhess.com&d=DwMFAg&c=slrrB7dE8n7gBJbeO0g-IQ&r=v3oz9bpMizgP1T8KwLv3YT-_iypxaOkdtbkRAclgHRk&m=0sI_3Z9ZwIPhJ_goqFjuoUAIU8XjgIzsPDA3xJs7xGY&s=TWTdkpfZBTayon65dFShUBptq8_zEbTyvx6LbWCVeyM&e=>

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