Will Republicans Wail if Kirk Keeps Voting?

Posted January 19, 2010 at 4:13pm

A hot topic of Internet conversation today has been the fine print of Massachusetts law, and what it means for an appointed senator to stay in office “until election and qualification of the person duly elected to fill the vacancy.”

That’s been generally interpreted to mean that Sen. Paul G. Kirk Jr. keeps his temporary job until the results of today’s election have been certified — which can’t happen until all absentee votes are counted.

But wait. Some Republican attorneys argue that Kirk’s term is over when the polls close tonight.

The Republican who would have to make the fuss over Kirk’s voting — Minority Leader Mitch McConnell (R-Ky.) — tells CQ’s Kathleen Hunter: “We have to wait and see who wins the election, and then we will discuss all that sort of thing.”