Mr. Schweitzer Goes to Washington

It seems unlikely, but, just what if Brian Schweitzer were to go to Washington, DC?

Stranger things have happened. Like Sarah Palin being picked to be #2.

The speculation is based on the long-known fact that Schweitzer will win with with around 62 percent of the vote and the increasing likelihood that Obama will win.

The dog days of October are upon us.

Schweitzer would probably not leave prior to the '09 session. After all, Obama is not sworn in until January 20, 2009. Between November 7 and January 20, Obama would most certainly name his top Cabinet posts before: State; Defense; Health and Human Services; Homeland Security. After the first of the year, it's anybody's guess.

Yes, like you, I have read the stories: Brian “ain’t gonna be nobody’s secretary.” But, there other positions called “director” and “commissioner.” If Schweitzer were to accept something other than cabinet level position, it would have to be something extraordinary. Ambassador? Brian Schweitzer? Nahhhhh.

OK. So, he misspoke and agrees to lower himself into “that cesspool” as he called Washington (DC) politics in his first year as Governor. It's interesting that Brian has not repeated that quote, evidently being sensitive to the Democratic Congressional majorities.

So, let's say Schweitzer is on the short lists for Agriculture, Energy and Interior.

Then what?

There would be loads of speculation, replete with fanfare and Brian Schweitzer in the middle. Can't you just hear the quotes and sound bites?


Two places outline the process of gubernatorial succession: The Montana Constitution and state law to implement the constitution.

The constitution actually does not say the lieutenant governor becomes governor when there is a vacancy.

Article VI, Section 2 says “ . . . the offices of governor and lieutenant governor are voted upon together in primary and general elections.”

Article VI deals with vacancies in (2) the office of lieutenant governor or (2) both the office of governor and office lieutenant governor simultaneously.

Article VI. Section 6. Vacancy in office. (1) If the office of lieutenant governor becomes vacant by his succession to the office of governor, or by his death, resignation, or disability as determined by law, the governor shall appoint a qualified person to serve in that office for the remainder of the term. If both the elected governor and the elected lieutenant governor become unable to serve in the office of governor, succession to the respective offices shall be as provided by law for the period until the next general election. Then, a governor and lieutenant governor shall be elected to fill the remainder of the original term.

Summary: If the office of lieutenant becomes vacant, the governor appoints the successor for the remainder of the term. If both offices are vacant simultaneously, state law kicks in.

Not just a good idea, it's the law.

2-16-511. Vacancy in office of governor and lieutenant governor. (1) If the offices of both the governor and the lieutenant governor become vacant, the president of the senate shall become governor and shall appoint a lieutenant governor. (2) If the president of the senate is unable to assume the office of governor, the speaker of the house shall become governor and a lieutenant governor shall be elected in accordance with the provision of 2-16-512.

While this is not going to happen in this eventuality, the law underscores the importance of the majority party in both the Senate and House if it ever were to occur. [Under a tragic series of events guys like Bob Keenan, Doug Mood and Scott Sales could have been governor. We can only shudder about whom they would have appointed as their #2.]


Scenarios

1. Schweitzer resigns; Bohlinger, a Republican, ascends; Bohlinger appoints his choice of lieutenant governor. [Are you kidding? Schweitzer is still in control, baby.]

2. Schweitzer resigns; Bohlinger, a Republican ascends and appoints his successor that is actually (but, unofficially) Schweitzer’s choice. ["]

3. Before Schweitzer resigns, Bohlinger, a Republican, ‘retires’ to spend more time with his bride; Schweitzer appoints his choice to succeed Bohlinger; after a cooling off period, Schweitzer resigns; the newly-appointed governor ascends and names his successor who is actually (but, not officially) Schweitzer’s choice. [" "!]

There are other variations, but you get the drift.

Regardless, Brian Schweitzer, the sly, coy one, doesn’t just ride off into the sunrise. [Riding east to DC and ‘into the sunset’ are not possible.] The only thing Schweitzer likes more than self-promotion is speculation that promotes Brian Schweitzer. Just as he has so far, he will play it for all it’s worth, even if he not a serious candidate.


So, then, who is #2 in a Bohlinger administration?