Sen. Tim Johnson (D-S.D.) suffers stroke hospitalized in Washington

December 13, 2006

MSNBC is reporting that Sen. Tim Johnson (D-S.D.), only 59 years old, suffered a stroke today on Capitol Hill.

There is no word, currently, on the Senator’s condition.

A call from RAW STORY to Johnson’s office has not yet been returned.

Obviously, our thoughts and best wishes are with Johnson and his family.

In a secondary political context, and without so much as a hint of knowing the seriousness of Sen. Johnson’s stroke, I thought I’d add that if the senator were no longer able to serve, state law mandates that the governor, in this case Mike Rounds (R), call for a special election. It does not appear that Rounds would name a replacement (who, presumably, would be a Republican and shift the balance of the Senate).

Stay tuned.

Update: CNN reports that Johnson was taken by ambulance to a hospital after experiencing “stroke-like symptoms.” He is undergoing a “comprehensive evaluation” by the stroke team at the hospital, according to a statement from Johnson’s office. Johnson’s office is not classifying it as a stroke at this point because they say that is not known. They do say he was conscious when he went to the hospital about 1130 a.m. ET this morning.

Second Update: I’ve seen conflicting information; now it appears Rounds may be able to name a replacement, should it be necessary.

Third Update: OK, maybe here’s the resolution: Rounds would name a temporary replacement, but that would only last until a special election was held.

Fourth Update: CBS News reports that earlier reports about the senator suffering a stroke or heart attack are incorrect. The network added, however, “Sources close to the situation tell CBS News the situation is definitely not good.” The report did not elaborate as to what that may mean.

As for the legal question — and any commenters have added excellent insights; thanks to all — CBS’s report went on to say that South Dakota state law says that the governor can appoint a replacement when there is a “vacancy,” but Secretary of State Chris Nelson explained that it’s unclear whether a seat held by an incapacitated senator would be considered “vacant.”

CBS added that unless Johnson dies, state officials “unsure of how to proceed if he’s incapacitated.”

Brrr! Borrowing expertise from the FSB are we now?

  • I wonder how many republicans, mainly in the White House, are wishing Johnson well? My guess is that many more are right now wishing Johnson dies or is incapacitated so they can regain control of the senate.

  • Uh, CB there seems to be some dispute here… From the MSNBC Site…

    Should Johnson, 59, not be healthy enough to be resign from the Senate, according to the South Dakota Secretary of State, the governor of South Dakota may appoint a replacement. The appointment would last until the next general election — in this case, 2008. Johnson’s term happens to expire in 2008.

    The governor of South Dakota is Republican Mike Rounds. Should there be a vacancy as a consequence of Johnson’s illness and Rounds appoints a Republican to fill the term, that would make the count 50 Demorats and 50 Republicans. Under the rules of the Senate, ties votes are settled by the vote of the vice president – currently Republican Dick Cheney – effectively giving control of the Senate to the Republicans.

  • So control of the Senate lies in the hands of South Dakota, either through Mr. Johnson’s health or a republican governor. Wow, never knew my mood could change so rapidly.

    Wonder how Bush and Cheney are taking it ?

  • “Wonder how Bush and Cheney are taking it ?”

    I can hear the champagne corks popping and Karl Rove dancing a jig from way down here.

  • JRS Jr. – The governor’s appointment lasts only until a special election is held.

    12-11-4. Temporary appointment by Governor to fill vacancy in United States Senate. Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States.

  • “Obviously, our thoughts are with Johnson and his family.” – CB

    Indeed. For no other reason than his well-being.

  • Sorry for getting way ahead of myself here. Obviously, I hopw Senator Johnson is well and there is no need for any of this. But. . .

    There are conflicting state code provisions as to when a special election would have to be held.

    One says the special election has to be held in 90 days as linked above:

    If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.

    The other says the special election is to occur at the same time as the next general election:

    12-11-5. Special election to fill senate vacancy. The special election to fill the vacancy of a senator shall be held at the same time as the next general election. The general election laws shall apply unless inconsistent with this chapter.

    Strange.

  • From the WaPo:in modern history the Senate has never declared a seat vacant as a result of a senator’s physical condition.

  • I do hope Sen. Johnson has a speedy recovery, primarily for his and his family’s sake.

    I have to admit that I am also concerned for America’s political future. That’s the trouble with having such a slim majority– unforeseen events can turn everything upside-down.

    So, if I were Harry Reid, I’d be on the phone with Susan Collins right now . . .

  • At the risk of sounding like Bill Frist, I think he may have had a TIA (dry stroke), from which you can fully recover. I base this on the list of his symptoms and fact that he’s didn’t just drop dead. Also my grandmother used to have about TIAs three a year.

    Needless to say, I hope he’s well.

  • 12-11-1 specifically talks about the US Senate. Is it possible that 12-11-5 is refering the the SD senate?

  • Following up on tAiO’s Frist imitation, Here is a little background on TIA’s.

    A TIA is a “warning stroke” or “mini-stroke” that produces stroke-like symptoms but no lasting damage. Recognizing and treating TIAs can reduce your risk of a major stroke.

    Most strokes aren’t preceded by TIAs. However, of the people who’ve had one or more TIAs, more than a third will later have a stroke. In fact, a person who’s had one or more TIAs is more likely to have a stroke than someone of the same age and sex who hasn’t.

    TIAs are important in predicting if a stroke will occur rather than when one will happen. They can occur days, weeks or even months before a major stroke. In about half the cases, the stroke occurs within one year of the TIA.

  • Read the code again. The 90 day timing requirement only applies to House elections.

    The Governor has to announce within 10 days when the election to fill the vacancy shall be held. But it doesn’t have to be until the next general.

  • 12-11-1 (without the extraneous “noise”):

    …. an election to fill a vacancy in the office of representative in the United States Congress shall be held …… not less than eighty nor more than ninety days after the vacancy occurs.

    90 Days is just for House vacancies.

  • I don’t understand why this is causing so many so much confusion. This isn’t rocket science, it’s statutory law. If the worst happens, and Johnson dies (may he recover speedily), Gov. Rounds (R) would fill the seat with a commission until 2008.

    SD Code ยง 12-11-4 et seq. provide with complete clarity that “Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States … [And] [t]he special election to fill the vacancy of a senator shall be held at the same time as the next general election.” (emphasis added)

  • 7 years ago, my first thought would have been :”I hope he’ll recover”. Now, my first thought was “who’s the Governor there?”

    Bush and his gang have a lot to answer for, including the daily less-likable self that libra sees in the mirror…

  • NO SPECIAL ELECTION

    12-11-6. No special election if appointed senator’s term expires at normal time.

    No special election, to fill a vacancy, may be held if the term of office of the appointed senator expires in the month of January immediately following the next general election that would occur after the vacancy.

    So. Dak. title 12, chapter 11, section 6.

    South Dakota’s next general election is in 2008 and Tim Johnson’s term expires in January, 2009, so there wouldn’t be any special election. * * * But don’t panic yet, because Tim Johnson’s (possible) stroke, as reported, sounds no worse than the minor stroke Ed Koch suffered in 1987.

  • The situation is generally confusing, and while I usually object to the idea of Constitutional Amendments, this strikes me as the sort of ‘housekeeping’ one that should be passed, one that provides that in the event of a vacancy in the Senate, the Governor of the state must call a special election to fill the vacancy but that he or she may appoint a temporary replacement who may NOT vote in an election to re-organize the Senate.

    There was an interesting precedent in 1968 when Bobby Kennedy died and Rockefeller appointed Charles Goodell to replace him for a period of 28 months. There were major cries because the appointment was made in September 1968, before the general election, but as it happened, Goodell became one of the most liberal and anti-war Senators.

    I doubt if we’d be that lucky with a Rounds appointment though. So for this as well as for humanitarian reasons,

    Get Well, Tim

  • This sounds like good news.

    Johnson, who turns 60 on Dec. 28, was admitted to George Washington University Hospital with an undiagnosed illness, said a spokeswoman, Julianne Fisher.

    She said, however, the senator did not suffer a stroke or heart attack. His office had said earlier it was a possible stroke.

    Fisher said Johnson would undergo further tests at the hospital Wednesday night. She said his office did not plan any more updates on his condition until Thursday.

  • I vaguely remember that there was a point in the last couple of years when it looked like the opposite situation might come up – a Republican senator was ailing in a state with a Dem governor. On that occasion, in a classic case of reinventing tradition, Repub politicians & pundits said that it would be “only proper” that a Repub be appointed as a replacement, since that was the “will of the voters”. Of course they were full of BS. In the event, no apptment had to be made.

    I think it was Strom Thurmond, when the governor was the Democrat Jim Hodges. But I’m not sure. Can anyone help out here?

  • Here we go, from Time: http://www.time.com/time/magazine/article/0,9171,999380,00.html

    According to them it was local Democrats who wanted Hodges to appoint a Republican. At a time when the Senate was 50-50. Classic Southern Dem masochism. In all the commentary about the Republican takeover of the South, how much attention has been paid to the role of Southern Democratic enablers (Zell Miller, David Boren, Sam Nunn etc)?

  • It does not matter what age or gender you are when it comes to being at risk for a stroke. Most things that you have to be old to take a stroke but that are not the case at all. It can happen to anyone at any time and it is so important to make sure that you are completely ready with the right knowledge so that you are protecting your body and others from the possibility of having a stroke

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