i Filling vacant Senate seats should be decision by voters
Morning Sentinel
Filling vacant Senate seats should be decision by voters
Dan Billings Kennebec Journal & Morning Sentinel 02/26/2009

One of the few enjoyable developments for Republicans since the election of Barack Obama has been the embarrassment for Democrats caused by how Democratic governors have filled vacant U.S. Senate seats. But if state Sen. Bill Diamond has his way, Maine will avoid such embarrassments in the future.

In Illinois, Democratic Gov. Rod Blagojevich faces criminal charges and was impeached after it was revealed he attempted to auction off President Obama's former Senate seat to the highest bidder. There was much hand-wringing in Washington before Democrats decided to seat the man Blagojevich appointed to the seat, Roland Burris.

Now Burris' political future is in doubt because of inconsistencies that have emerged in his testimony, affidavits and public comments about his contacts with Blagojevich's staff before his appointment.

In New York, Democratic Gov. David Paterson spent weeks contemplating whom to appoint to replace Hillary Clinton, who was chosen as Secretary of State. Until the day before Paterson made his appointment, the media focused on Caroline Kennedy as the likely choice, even though her only qualification was her last name.

Paterson ended up picking appealing young congresswoman, Kirsten Gillibrand. But Gillilbrand's choice is not without controversy. She is likely to face primary opposition next year because her pro-gun rights record puts her at odds with most New York liberals. Paterson's fumbling of the appointment process has damaged his public standing and could lead to a primary challenge from one of the candidates he passed up, New York Attorney General Andrew Cuomo.

In Delaware, the Democratic governor appointed Joe Biden's former chief of staff to fill Biden's seat. The new senator has promised not to run in 2010 -- leaving the seat open for Biden's son Beau to seek after returning from a National Guard deployment in Iraq. Many observers see this as a behind-the-scenes political deal to allow the vice president to hand his Senate seat down to his son.

In Maine, like in most states, if there is a vacancy in the office of U.S. senator, the governor appoints someone to serve until the next election. This most recently happened in 1980, when Gov. Joe Brennan appointed George Mitchell to replace Ed Muskie, when Muskie became secretary of state.

One problem with Maine's system, along with the potential for back-room political shenanigans, is partisan considerations. Currently, both of Maine's senators are Republicans. In fact, Republicans have won the last seven U.S. Senate elections in Maine. Yet if either of Maine's U.S. senators were to leave office today, Democratic Gov. John Baldacci would choose the replacement and he would likely choose a member of his own party.

Diamond, a Democrat who formerly served as secretary of state, Maine's chief election official, has sponsored a bill that would eliminate gubernatorial appointment of senators. Under Diamond's proposal, a special election would be held within 60 days to fill any Senate vacancy.

Special elections are already required to fill vacancies in the U.S. House and the Maine Legislature. Diamond notes his bill would result in an open process where Maine citizens would choose the senator, rather than a back-room choice by the governor.

The recent experience in other states shows that Diamond has proposed a positive reform. Though the corruption in Illinois is not likely to be repeated in Maine, political machinations like what occurred in New York and Delaware certainly could be repeated here and should be avoided.

Diamond's 60-day timetable is too short and a special election should be avoided if the vacancy occurs in the middle of an election year, but with a couple of minor amendments, Diamond's bill is worthy of support.

The only valid argument against a special election is cost. If cost is a reason to oppose Diamond's bill, the process should at least be changed to require the governor to appoint a replacement from the same political party as the senator whose seat is vacant.

This is what is currently required when the governor fills a vacancy in a county office. Though the governor makes the appointment, he or she is required to choose from recommendations of the political party from which the appointment is to be made. This process has worked well -- resulting in the selection of qualified people, without any political party gaining an advantage from a vacancy.

The Legislature should take notice of the headlines from other states and see Diamond's bill as an opportunity to further Maine's reputation as a state with a clean and open political process.

Dan Billings is a Republican activist and commentator. He practices law in Waterville. He can be reached at dib9@aol.com.

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