She doesn’t choose his replacement. Alaska law now mandates an election. The former gov already replaced someone with his daughter. And that did not sit well with the state, so now the gov can’t appoint. The people have to vote.

tastey

Actually, she can. Per CCS HB 414

Sec. 15.40.140. Condition and time of calling special election. When a vacancy occurs in the office of United States senator or United States representative, the governor shall, by proclamation, call a special election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs. However, if the vacancy occurs on a date that is less than 60 days before or is on or after the date of the primary election in the general election year during which a candidate to fill the office is regularly elected [YEARS], the governor may not call a special election.

Sec. 15.40.145. Temporary appointment of United States senator. … When a vacancy occurs in the office of United States senator, the governor may, at least five days after the date of the vacancy but within 30 days after the date of the vacancy, appoint a qualified individual to fill the vacancy temporarily…. If a special election is not called for the reasons set out in AS 15.40.140, the individual shall fill the vacancy temporarily until the results of the next general election are certified.

So, if Stevens resigns this year, she gets to appoint someone until 2010.

Please re-read the part you bolded in the first piece. I read that as she would not have to call a special election if Stevens had resigned after the state primary but before yesterday. At best, she might get away with an appointment if he resigns before the end of the year but i doubt it.

They changed the law to specifically avoid the Governor awarding themselves or a family member after Frank Murkowski appointed his daughter Lisa to succeed him in the Senate after he was elected Governor. And that was also part of how Palin got elected Governor in the first palce by defeating Murkowski in the R primary.

I read it. If Stevens resigns tomorrow it would be “after the date of the primary election in the general election year during which a candidate to fill the office is regularly elected.[YEARS]”

The question is whether the YEAR is a calendar year or runs from general election to general election. I have tried to find a definition in Section 15 of the Alaska Statutes, but have not found one.

The language of the latter paragraph is poor. “may not” can imply that the special election is prohibited, but if that was the intention, they should have said “shall not.” “May not” can also imply that she has the option to call the election or not.

Which is why I say the only out she might have is IF Stevens were to resign before the end of the current calendar year and I’d bet even that would be contested in the courts if she tried to do something.

Plus Stevens seems to be stubborn enough that he isn’t going to make things easy and go quietly. If Palin did attempt to appoint herself or anyone else, it would most likely be just another count in her potential impeachment as governor

I did find this:

AS 15.60.010. Definitions
9) “general election” means the election held on the Tuesday after the first Monday in November of even-numbered years;

The use of “even-numbered years” implies that they are referring to calendar years. Also, words are to be construed per their common definition, unless otherwise specified.

Sorry,
I missed your comment that “she might get away with an appointment if he resigns before the end of the year.” Yes, we agree that Stevens would have to go before year end for this to take place. Given their long association, I would not be surprised if they have a deal in place already for this to occur.

I think she could get away with it. Alaskans knew that Stevens might not serve, but wanted to preserve his seat for the Republicans.

But if Stevens is expelled for his felonies, can’t he show up at the next Senate claiming to have been re-elected? Won’t the NEW Senate have to expel him all over again? Unless, of course, Sarah has appointed an interim Senator and called a special election to fill the term to which he’s been elected.

Seems to me that, if Stevens has now been re-elected, there are two issues: the current term he’s serving, and the term to which he’s been newly elected. Can Sarah simply appoint someone in his stead to carry over into the next Senate, someone who’ll need to stand for a special election in 2010?

Rachel Maddow pointed out tonight that Sarah could also pull a Happy Chandler who (in 1939) resigned the governorship and had the new governor appoint him to a newly empty Senate seat.