Thanks to a little research help from some loyal readers of LFR and thanks to some clever thinking of my own, I’ve figured out a way to turn the tables on Gov. Dayton and Sen. Bakk. First, Sen. Fischbach needs to get sworn in as lieutenant governor the minute Tina Smith is sworn in as Minnesota’s U.S. senator. Next, Fischbach needs to resign as lieutenant governor by the end of this week.

Thanks to some research from a loyal reader of LFR, I’m able to publish as fact that state statute 204D.19 subd. 2 says “The special election shall be held as soon as possible, consistent with the notice requirements of section 204D.22, subdivision 3(The county auditor of a county in which a special election is to be held shall direct the clerk of each municipality in which the election is to be held to post a notice of the special primary and special election at least seven days before the special primary and at least 14 days before the special election in the manner provided in sections 204B.33 and 204B.34.), but in no event more than 35 days after the issuance of the writ. A special election must not be held during the four days before or the four days after a holiday as defined in section 645.44, subdivision 5 (Washington’s and Lincoln’s Birthday(2/19/18), the third Monday in February).”

Notice that the statute says the special election shall be held as soon as possible. It doesn’t say that it should be held as soon as possible. The instant that Fischbach resigns as senator, Gov. Dayton is obligated to call a special election “as soon as possible.”

At that point, the Senate will have 33 Republicans and 32 Democrats. It will stay that way until the special election is held to replace Sen. Schoen in the Senate. If Karla Bigham wins, the Senate is tied with 33 Republicans and 33 Democrats. It’s worth noting that this is the best the DFL can hope for. Things would get much worse for the DFL if Denny McNamara wins. That would give Republicans a 34-32 majority. When the special election is held to replace Sen. Fischbach, Republicans will win that seat handily. At that point, Republicans would either have a 35-32 majority or a 34-33 majority.

Either way, Republicans would have a majority going into the start of the 2018 session. At that point, Republicans could elect any DFL senator to be the President of the Senate. Presumably, Republicans could elect the most vulnerable DFL senator as the President of the Senate. At that point, the DFL wouldn’t have a say in the matter. There’s nothing to prevent Republicans from naming someone like Matt Little to be the President of the Senate. That means Little would assume the responsibility of being Gov. Dayton’s lieutenant governor. Remember that this used to be Dave Thompson’s seat. I’d think that’d give Republicans a fantastic opportunity of flipping that seat.

The DFL is intent on flipping the Senate from a Republican majority to a DFL majority. They’ve made that perfectly clear. Why shouldn’t Republicans use this opportunity to their political advantage? That was the DFL’s intent. If Republicans beat the DFL at their own game, that’s the DFL’s fault.

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