When a Senator becomes President, it can matter who sits in the Governor's chair

BE-ELECTED
by Chad Rubel

If you didn't know who David Paterson was before yesterday, join the club. Paterson, this morning, is the lieutenant governor of New York State, but there is a large amount of speculation that Paterson may move up to the governor's chair, given Eliot Spitzer's troubles with a prostitution ring.

Paterson, who is legally blind, would become the third black governor since Reconstruction and the first black governor in New York's history. And how does all of this affect the 2008 presidential race?

If Hillary Clinton gets onto the ticket, and that ticket wins in November, the governor of New York would appoint Clinton's replacement to the Senate. And even though Paterson and Spitzer are Democrats, the dynamic of who might get that seat depends on who is in the seat as governor. Clinton's replacement would serve until the fall of 2010, when there would be an election to fill the last 2 years of her term. One possibility who has at least mentioned it out loud is Robert F. Kennedy, Jr., whose father literally had Clinton's seat.

From the (Detroit) Metro Times: "Kennedy replied that he's supporting Hillary Clinton, and that, if she wins, it's possible he'll seek the U.S. Senate seat from New York -- a seat once held by his father -- that will need to be filled."

There is one quirk to New York's situation. If Paterson becomes governor, New York State has no provision to replace the lieutenant governor for the remainder of the term (2010). If something happens to Paterson, the governor's duties would fall to the temporary president of the State Senate -- currently Joseph L. Bruno, 78, the Republican majority leader -- would act as governor until a special election to be held this November. Now, you could argue that in this wild scenario, the new governor-elect might have that responsibility. But even I'm not sure who would get that shot to appoint a replacement.

If Barack Obama gets onto the ticket, and that ticket wins in November, the Democratic governor of Illinois, Rod Blagojevich, would select the replacement. Blagojevich is not particularly popular in a number of circles, including Democrats, for an extensive list of reasons. Blagojevich is also under a few ethical clouds, so that role could possibly go to Lt. Governor Pat Quinn, who isn't tainted by any of Blagojevich's troubles.

Spitzer/Paterson or Blagojevich/Quinn have the option of appointing anyone who meets the required standards (must be 30 years old or older, a citizen of the United States for at least 9 years, and a resident of the state). In Blagojevich's case, there is a real possibility that he will appoint himself to fill the last 2 years of Obama's term.

Only 2 senators have gone straight from the Senate to the White House: John F. Kennedy in 1960 and Warren G. Harding in 1920. Frank B. Willis was elected to Harding's term in 1920, so there was no appointment in that transition.

The only time in U.S. history where a Senator had to be appointed by a Governor to replace a president-elect was 1960. John F. Kennedy had been elected to a second Senate term in 1958. Benjamin Atwood Smith II, the answer to a trivia question of who is the only non-Kennedy to have had that Senate seat since 1953, was appointed by Governor Foster Furcolo of Massachusetts. Ted Kennedy won the seat in 1962 to serve for the remainder of this term of office.

But what about John McCain? Could the Democrats pick up a Senate seat if McCain won the presidency in 2008? Uh, no. Janet Napolitano, the current Democratic governor of Arizona, is handcuffed by a law requiring the governor to pick someone from the party of the Senator.

Wyoming has a similar law, which it had to use when Sen. Craig Thomas died in June 2007. Republican John Barrasso was appointed, but must run again this year to fill out the remainder of Thomas' term, which expires in 2013.

Interestingly Arizona is one of 7 states that doesn't have a lieutenant governor, so if something happened to the governor, the Secretary of State (if elected) would become the governor.

Would Paterson (or Bruno) pick someone different from Spitzer? Who will have that luxury in Illinois? And which direction would Janet Napolitano go? One or two of these questions may be answered - in November.