Scott Brown says that if he wins, he’ll be in D.C. by Friday, looking for a place to sit.
But as we’ve noted, Harry Reid’s Senate majority intends to hold out on seating the winner of tomorrow’s election until reciept of certification from the state of Massachusetts. And in the event of a Brown win, Massachusett’s Democratic executive intends to delay that certification process as long as is possible — ten days or more — leaving interim senator Paul Kirk in place to vote on an express-lane health-care compromise.
GOP lawyers are ready to have that fight. Under the law hastily passed after Sen. Ted Kenendy’s death to accomodate Kirk’s appointment, interim senatorial terms last only “until election and qualification of the person duly elected to fill the vacancy.” Qualification, the GOP will argue, is not certification. The former refers only to Constitutional prerequisites. The Republicans have some precedent on their side: a number of victors of special Senate races saw their Congressional salaries begin immediately after election, not certification.
In any event, let us hope it doesn’t come to lawyering. But if the Democrats do try any funny business, RNC Committeeman and Brown booster Ron Kaufman says keep an eye on Lexington, Concord, and Bunker Hill:
“I’d love for the Democrats to try to not seat him, and I’d like to see them rush through health care,” Kaufman told [ABC News] from Boston, where he’s helping Brown’s campaign in its final stages. “If either of those things happens, we’ll have a revolution in the streets — not just here but in Washington. I think they’re smarter than that.”