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NOVEMBER 6, 2008 11:06AM

Senator Palin? Not so fast...

Rate: 11 Flag

There's been a lot of talk about Sarah Palin's possible future in national politics, and a lot of speculation that she may "appoint herself" to Ted Stevens' seat if he is expelled from the Senate, to give herself a national platform.  But Palin's path to Washington isn't quite so clear.

There are a few things that need to happen first, and a few decisions she'll have to make as well.  Sarah Palin could go to Washington in the end, but first:

1. Ted Stevens needs to win the election

This is looking good so far; CNN has Stevens up by around 3,000 votes with 99% of the precincts reporting.  Of course, that's may not be the end of the story; like most states, Alaska law has a recount provision, allowing any defeated candidate to file a petition within five days after the completion of the official count.  (Alaska Stat. Sec. 15.20.430 et seq.)

Alaska law requires the candidate challenging a statewide vote to put down a $10,000 deposit, which may be forefeited entirely even if the candidate wins.  However, the deposit requirement is waived if the final vote is within half a percent of the total number of ballots cast.  (Alaska Stat. Sec. 15.20.450)

The race isn't that close yet -- it's at about 1% right now.  If it tightens up to half a percent, a recount is going to be pretty much automatic no matter who ends up on top.  If it's close but not that close, there's a chance the Democrats will take a $10k flyer on a recount anyway if they think there's a chance it'll make a difference.

However it plays out, if Begich goes to Washington, Palin will have to stay in Juneau.  Alaska has a recall statute for state officials and legislators, but not for senators.

2. Stevens has to be expelled by the Senate

The Constitution, Article I Section 5, gives the Senate the authority to expel any member with the vote of a two-thirds majority.  Harry Reid said before the election that Stevens would be expelled -- but that was before the election.  And, of course, it assumes Stevens doesn't somehow get his conviction overturned (although even if he does, the Senate could still expel him based on their own investigation).  But there's always a chance the Democrats might not get rid of Stevens even if they could.

The Constitution gives senators immunity from "arrest" that would prevent them from attending the Senate.  However, this immunity applies only to civil arrest, which basically never happens any more, and not to criminal arrest and imprisonment.  If the jury sends Stevens to jail, to jail he will go.  (Williamson v. United States, 207 U.S. 425 (1908)).

Odds are, Stevens will get a minor jail term, if any at all.  However, theoretically, he could face up to five years for each count.  If he does go away for six months or more, the Senate could simply carry on without him, leaving the Republican caucus one vote and one committee member shy, and leaving Sarah Palin back in Juneau.  They could always then expel him when he gets out.

It's a long shot, of course; it wouldn't accomplish much, would annoy the electorate, and the Republicans could get around it easily (by calling for a vote on Stevens' removal themselves or pressuring him to resign from prison).  But when have those things ever stopped the Democratic Congressional leadership before?

In any case, once Stevens' removal comes up for a vote, there's a good chance they'll be able to get rid of him, especially if Stevens has to serve time.

3. Palin could try appointing herself to Stevens' seat...

...but she might well not do so, thanks to yet another Alaskan politician, Frank Murkowski, who in 2002 was elected Governor and immediately appointed his own daughter, Lisa, to his now-vacant Senate seat.  This bit of nepotism was a bit much even for Alaska voters, who approved a referendum stripping governors of the right to appoint interim senators.

There's some question as to whether this initiative was Constitutional, since the Seventeenth Amendment says that the Governor may make such an appointment if the state legislature says it's okay, and the legislature has never repealed the statute allowing interim appointments.

If Palin simply ran for Stevens' seat without a special appointment and lost, she'd return to the Governor's mansion.  But if she appointed herself, she'd presumably have to resign as Governor right away, burning her bridges and getting herself caught up in a lawsuit before the special election even occurred.  The safer route would be for her to either refuse to make an appointment -- this would lead to a lawsuit as well, but she could keep her seat.  Or she could appoint an "interim" Senator, such as Stevens' wife, with the understanding that they wouldn't run in the special election.

4. Palin must win a special election

Either way, the real test for Palin comes 60 to 90 days after Stevens leaves office.  At that point, a special election must be held to fill the remainder of his term, regardless of whether a temporary appointment is made or not.  (Alaska Stat. Sec. 15.40.140).

At that point, the Alaska Republican Party gets to decide who the Republican candidate will be.  This is her final hurdle: since the election, "off the record" revelations have been trickling in about Palin's role in the McCain campaign's defeat and her total unsuitability for national office; for example, that she refused to prepare for press interviews and didn't know that there was more than one country in Africa.  If more damaging stuff comes out, the Alaska Republicans could decide they'd be better off leaving Palin as Governor and running someone else against Begich this time around.

The most likely result of all this is that if Sarah Palin wants Ted Stevens' job, it's hers for the asking.  But there's a lot more to it than just appointing herself and booking her flight to D.C. 

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sarah palin, palin, alaska

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Palin is not done yet. Thumb.
I still can't believe they re-elected Stevens. Unfortunately, I think Palin is not done scaring me.
Somewhere far away, in a secret laboratory, Karl Rove is examing and molding the fresh clay that is Sarah Palin. Lightning flashes outside. His grim countenace fractures into a half-smile.

Once there was a little green slab of clay

but you should see what Gumby can do today


Why not program Caribou Barbie into an actual candidate?
Sarah Palin would not "appoint herself." She would let the people vote on it. If her name was on the ballot, she would win hands down. Go Sarah! America needs you.
One thought. Who cares? It's Alaska. Whether she's a Senator in 2012 or a Governor, or Bering Sea Fisherman from "Deadliest Catch", she's not going to be President. I'm sure the other Senators are pulling for her. Who would you rather have to stare at for hours on end, Joe Liebermann? Ted Stevens old raisiny ass? Sarah Palin's leg!
I can't stand her, but she's got some gams on her! :-D

Rated - I don't think it will happen.
From "jfruh" over at Wonkette,
"The fact that this stuff is being leaked to Fox News the day after the election means that people in the Republican party establishment are fucking TERRIFIED that she will run in 2012 and win the nomination with the ignorant mouth-breather vote that the GOP has cultivated for so long; thus, they are trying to torpedo her from the get-go. My response: HA HA HA HA HA HA HA."
/so funny I thought I'd share it...
// http://wonkette.com/404207/sarah-palin-thought-africa-was-a-country-not-a-continent#comment-168297
Go Sarah! America needs you.

As what? A court jester? Did you notice she rather decisively helped lose John McCain the presidency? After a short uptick, her trajectory matched that of the stock market.

I'll give her this; she sure helped raise a lot of money for Barack Obama. It's rough on the wolves and moose of Alaska, but I say not "Go Sarah," but "Go back, Sarah." I do not wish her personal misfortune, but she'd be a disaster in high office.

You say you love her; but how many Republicans would hand her their visa cards right now and say "Here Sarah, go buy yourself something pretty?"
I hope she DOES go to the Senate. Then I hope that the right wing nuts who cream their shorts when they see Palin (why, I'll never know because I wouldn't bother to cross the street to do her) get her nominated for the President's race in 2012.

All of the bloopers, all of the jokes, all of the gaffes she will make?

Just run those and you'll see Montana, North Dakota, Arizona, and Georgia turn blue.

I can tell you who wants Sarah Palin in the Senate. Jon Stewart. Dave Letterman. Jay Leno.
She thought Africa was a country not a continent. Congratulations Sarah, you just lost the game, Are You as Smart as a Second Grader?
Wow. Thanks for all this, I was really wondering what her chances really were. But, alas, my brain is fried from the past two weeks.

I can't wait to hear what comes out next about her! She's a lunatic. I would say I feel sorry for the people of Alaska, but they lost that when they re-elected a convicted felon.
Palin has another route to the Senate: if Stevens is sent back to the frozen north, Palin could resign and strike a deal with Lt. Gov. Sean Parnell, whose duty it would then be to name Stevens' replacement... Sarah Palin!

I do echo one sentiment... who the hell cares? She'd get a little more limelight if she were in Washington. The Republicans are the ones trying to torpedo her. The GOP brass are terrified that she's become so popular, and they're throwing her under the bus, backing it up, and running over her again.
"How many Republicans would hand Palin their Visa
card and say, here Sarah, go buy something pretty?"

Cheap shot.

$150,000 is chump change to Oprah and her filthy
rich friends. Christ, Oprah's farts are worth more
than that.
Please, Allah, please let this happen, because i really love to hate her and her being in the senate would be hilarious. The cold shoulder from...everyone. her only friend would be joe lieberman
"How many Republicans would hand Palin their Visa
card and say, here Sarah, go buy something pretty?"

Cheap shot.


Ah....what does Oprah have to do with it? Yes, to her, it's a tiny amount of money. Yes, I'm aware there are rich Democrats, too. To the rest of us, $150K to 180K is a respectable downpayment on a new house. Especially for those who saw their retirement savings lose 40% of their value or more.

In two months, when the economy appeared to be tanking venerable financial firms were failing and people were losing their homes and jobs all overthe place, Sarah Palin took outrageous advantage of a generous person who wanted to help her, and went far, far over the spending limit he set for her out of greed and an absolute lack of self-control. It was inappropriate conduct for a VP candidate on a number of different levels, and it showed that she's a user. Why should someone who's trying to hold onto their job and their house trust her with gifts of money, no matter how much they profess to like her?
Shiral: I respect you however it looks like you'll use just
about any excuse to trash Palin.
Shiral: One more thing. I do housecleaning for a living
and make $30,000 in a good year, yet I do not begrudge
Sarah Palin her shopping spree. Go figure.
I don't begrudge Palin her little shopping spree.

But it does make her whole "just an average hockey mom" spiel total bullcrap. Average hockey moms don't go and piss away $150K on a outfits in a single day. They ain't got that kind of coin.

Let's keep in mind that the total family income for the Palins was $166K. So, she essentially pissed away her entire year's income in a single day.

Is that someone I want having control of the taxpayer's checkbook?
Besides, if we didn't have Caribou Barbie around, who else would we have to come up with this kind of gibberish when asked about the TARP?

That's why I say I, like every American I'm speaking with, were ill about this position that we have been put in where it is the taxpayers looking to bail out. But ultimately, what the bailout does is help those who are concerned about the health-care reform that is needed to help shore up our economy, helping the—it's got to be all about job creation, too, shoring up our economy and putting it back on the right track. So health-care reform and reducing taxes and reining in spending has got to accompany tax reductions and tax relief for Americans. And trade, we've got to see trade as opportunity, not as a competitive, scary thing. But one in five jobs being created in the trade sector today, we've got to look at that as more opportunity. All those things under the umbrella of job creation. This bailout is a part of that.

Congratulations, you ignorant slut! You hit everyone of the buzzwords that you were supposed to.

Of course, it makes Miss Teen South Carolina's "too many U.S. Americans don't have maps" look Churchwellian in comparison, but she hit all the talking points.

Points for Caribou Barbie!
Tony Wang: if an average hockey mom or dad got a hold
of $150k to spend on clothes I bet they'd go for it.

"She essentially pissed away her family's income for a year:"
Uhh, no...the RNC paid for it, not her family, but hey! that's
a good sound bite!

What did Palin have to do with the bailout that you are
connecting her with?

What kind of a slut are you? Maybe a Palin slut, are you
getting off on knocking her?
Well, if your average person would piss away $150K if they had access to it, that's exactly what's wrong with this country.

What happened to saving money and investing it instead of pissing it away on things that aren't needed which will eventually be put in a storage facility costing more money?

And if you don't get the "you ignorant slut" line, perhaps a little check of pop culture is in order. As in Saturday night live?

As far as the TARP goes, look at her response as to why it's needed. Does any of that make any sense at all? Is that the kind of idiot you want in the White House? Sure, Caribou Barbie got all her catchphrases in, but you know what? It didn't make any sense.

Call me crazy, but I always figured that the goal in communications and answering questions is to make some sense.
I was never much of a Palin enthusiast, but she must have something to bring out such bile, often crudely and illiterately expressed, in people who ought to have the grace to savor her defeat and their victory with grace and dare we hope, silence. It's not exactly like she's in any imminent danger of being elected to high office.

One thing we can be sure of with Sarah Palin. As she's from Alaska, she probably keeps count of how many states there are in the Union. And she probably knows the difference between Clinton and Reagan when it comes to occult consultations in the White Office.
Tony Wang: Of course I "get" the SNL reference. I ask
again, do you get off on bashing Palin?

Tony: YOUR GUY WON> try to show a little graciousness.
If this is how you act when YOUR GUY WON I'd hate to see
how you behave when you lose.
A gloating winner is worse than a sore loser. By gloating
or continuing to attack you make yourself officially WORSE
than the Bush Family - even they know how to win gracefully.

Try to get over it.
Why do I pick on Palin?

Because she's begging for it. She could have just gone away and disappeared in Alaska, never to be heard from again.

But then she goes and flat out lies about the clothes -- they needed to buy a dozen suitcases to lug all the stuff she bought around -- and says that the media are stinkers for reporting it.

Palin is a perfect symbol of the hypocrisy of the right wing nutjobs who have taken over the republican party. She says she's just an average woman, but then she goes and buys 13 suitcases full of high end goods.

And the right wing nuts claim to be for the average person but they go and enable folks like Palin to go and spend away while the average person gets shafted.

As long as Palin keeps on rearing her head -- you know, kind of like Putin -- people will keep on whacking it.

As for me being nasty to her, who called her a "whack job?"

Oh, that was the McCain campaign.