by Dave Mindeman
Just a quick thought about Michele Fischbach as Senator and Lt. Governor.
This is kind of messy. The Democrats must either challenge this or it will be left as the new precedent. It opens a lot of questions about legislation passed in the Senate by a close vote. Fischbach may be casting votes that she is not entitled to do. And when she is chief author of a bill…well it could get complicated.
Bakk and the Senate leadership really need to move this to a court venue. The law should be clearly established in this method and make it clear where we stand.
In addition, if the court would rule that Fischbach cannot hold both offices and an injunction would move her out of the Senate. At least temporarily.
And by temporary, I mean for the entire 2018 session. A special election to replace Fischbach could not possibly happen prior to the end of this short session. So the Senate would be a tie at 33-33.
So, by accident, the Senate would be FORCED to cooperate in a bipartisan manner. Negotiation between the two parties would have to look for an actual remedy rather than just make partisan charges in the press.
Bakk is making a mistake to sit on this. But then, that is nothing new during his leadership tenure