"The United States Senate is the judge of the qualifications of its own members," Galvin told CNN's Rick Sanchez. "In other words, they get to decide who is seated and when. "
Sen. Paul Kirk, who was appointed by the state's governor to be the interim replacement for the late Sen. Ted Kennedy, will serve until the Senate decides to swear in either Martha Coakley, a Democrat, or Scott Brown, a Republican.
"Senator Kirk will serve until his successor has qualified, that means sworn in," Galvin said.
Though the ultimate decision rests with the Senate, Galvin also said Tuesday that if the results of Tuesday's voting are decisive, he will announce those unofficial results as soon as he can.
"A decisive result would be one that would be beyond the margin for a recount, which would be one half of one percent," Gavin said. "I would also want to make sure that it was outside the margin of uncounted absentee ballots."
Galvin said he is obligated under federal law to make sure that overseas absentee ballots from U.S. service members are counted. "If they could affect the outcome, then you could not issue such a letter" declaring a winner based on unofficial results, he said. Federal law requires 10 days after election day to wait for overseas absentee ballots, Galvin explained.
If the results are not decisive, then Galvin said a recount was possible. In the event of a close result, he said, "we have to make sure that every ballot that has been submitted is counted. That is to say the overseas absentees. It also opens opportunity for one of the candidates or both of them perhaps to request a formal recount."
Galvin added that if a recount does occur, a hand count of the paper ballots would be possible.
"If the result is not decisive, then it's important that . . . the result is accurate and complete," he said. "And I'm committed to seeing that it's accurate and complete. We do not rush to judgment in Massachusetts at the expense of voters' rights. We regard the voters' rights as the highest rights."
"Whatever the voters' decision, it will be honored," he said. "It's my job to see that decision is given effect."
From CNN Politics
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Keep Republicans OUT of DC!
We've already seen video accounts of voter fraud for the DUMocRATS. A woman handing out blank absentee ballots with COAKLEY's name checked.
The unions in MASS are hard at work, cheating that is.
"The United States Senate is the judge of the qualifications of its own members" – Really? Your true colors are shining though. I thought THE PEOPLE decided . . .
america can't put up with partisan dems and repubs who take it this far. this scumbag liberal from mass. should be in prison if he doesn't seat Brown immediately.
@ObamasRecordDefict January 19th, 2010 5:50 pm ET
We've already seen video accounts of voter fraud for the DUMocRATS. A woman handing out blank absentee ballots with COAKLEY's name checked.
-------------------------------
Dude, that's so unusual seeing as how there are now reports of the exact same thing happening only the other way around. Only its some sort of glitch where Brown's name is already shaded in on the pre-printed ballot. Must be a liberal conspiracy to make it look like a GOP conspiracy huh?
The Democrats need to MAN UP and vote on the bill NOW.
LBJ .... he of the Voting Rights Billl, the Civil Rights Bill, Medicare .... would not lose a Congressional Voting advantage just because the Republicans wanted him to wait for them to get on the field before he runs his play.
Time for HARDBALL ... Republicans you are out of luck.
If this stuff was in a novel, it would be a horror story and a best seller. If anyone thinks the US Senate is the best judge of its members qualifications, how did Barbara Boxer get seated, or Charlie Schumer?
How far will the democrats go to get their way?
First they change the laws so they can seat a democrat, now when a republican wins, (assuming the people are smart), they might decide not to seat them until they want to?
Are you watching this people????
Are you watching your democracy slip away?
I can't wait till Brown wins. You progressive socialist nutcases are about to learn the hard way that Amercia is a center right country. Go cry me a river you clowns and stay away from my income.
Please advise me if I do not have all the facts. I just read tht for many years both the House and Senate exercised the power to refuse to seat a duly elected candidate.
But in 1969 in Powell v McCormack the Supreme Court ruled that Congress could not , by majority vote, refuse membership to a candidate who met the qualifications for office as set forth in the Constitution. As regard the fact that Adam Clayton Powell, Jr had misused federal funds the appropriate course of action is expulsion which required a 2/3 vote.
I believe it would be unconstitutional under these circumstances to refuse to seat Brown.
Of course we have a President who claims to be a Constitutional scholar but believes he can change the Constitution and publicly stated so when campaigning.
Nan C
Republicans wrote the playbook on how to handle seating a new senator. See: Al Franken.
If Democrats delay, Republicans only have their own tactics to blame.
If Brown wins, any move(s) by the Dems to stall his swearing in and seating in the Senate will be seen as obstructing the will of the people. It would serve to only increase the negative backlash already being directed towards the Democrats. It would be one more nail in the Democrats 2010 and 2012 coffins.
Remember the 8 months that cons spent stonewalling and trying to keep the Dem from the Senate seat he won in MN?.
Expect at least an 8 month stonewalling effort from the Dems if Brown wins.
After all, they are just using the con playbook on how to "obstruct"!
So what he is saying is that if Brown wins there will be 10 days plus however long it takes to manually check each vote for the Democrats in the senate to rush the healthcare bill through by a margin of one vote.
This process really illustrates just how corrupt the democrats really are. Unbelievable! I will never vote for a democrat in any election whatsoever. Truely vile creatures they really are.
Galvin will cause a firestorm that will cause all dumbocraps to lose in November if he decides to stall Brown to take his place in the Senate. The heath care bill is a farce. The people know it. It ruins the coverage of 85% of the people and increases taxes. Just give the coverage to those that can't work and not those that are to sorry to work. We don't need another socialist program. If Obummie wants to spread the wealth, then he needs to move out of this country. We believe that hard work equals pay off and the American dream and not sitting around and getting handouts..
Yes, the American poeple are watching. If the Dumbocrats are feeling the resentment now, just wait until they try dirty politics by not seating Scott Brown. Real America is fed up! Are you listening WashingtonDC?
This HC plan is a joke, and it is reflective in the polls nationwide.
Go back and pass something that an overwhelming majority (of DEMS and REPUBS) can sign onto:
Allow insurance companies to compete across state lines.
Tort Reform
No special deals for Union workers (This is illegal anyhow)
Why is everybody so concerned with Republicans. The Blue have had a decisive majority since the last election – and golly, look at all they've accomplished, UNOPPOSED.
Well, unopposed by anyone except the American People.
You mean THAT Democrat Senate - the one controlled by slimy Harry Weed? You mean THAT Democrat Senate - that shows its "sterling" character by bribing fellow Senators to garner votes?
Yup - THAT's the one!
Is the United Nations going to have to send in a team to oversee this election like they would in a third world country?!?!? Is that what Washington DC has become in the last 12 months? Don't bring shame on the way we govern our country.
You don't need to keep the Republicans out of DC. If Scott Brown or any republican, democrat or libertarian win the election they have every right to be in DC. I hope Brown wins and maybe we can get some of these democrat congress people voted out of DC.
Uh oh! If Brown wins and the powers to be fail to seat him in a 'very reasonable' time frame I think you may see the start of a 2010 revolution........ seriously, the irr of citiznes is truly underestimated...this is kitchen table fodder and everyone is watching how this plays out.
I am still waiting to watch this all go down on C-Span, Mr President. Where is the transparency that you derided Bush for not having during the campaign? Why, all of a sudden, is a taxation on existing health insurance part of teh deal when you scoffed and chided McCain about it during the campaign?
I hear that Coakley is already crying foul even though results aren't in. It is interesting that she will claim voter fraud in an election for the Senate seat that was once held my President Kennedy, who pulled off the biggest voter fraud during the 1960 Presidential election.
Show your true colors, progressives and liberal dems...all of America is watching.
Keep Republicans OUT of DC!
.......by revoking voters rights, having the deceased vote, paying homeless vote etc etc
We the people right Kyle!
I think enough voters have seen the Kennedy & Dem recount votes for enough years now is the time to put a stop to it and have a HONEST election.
The balance of power is way too lopsided. No political party should have that much power.
I'm glad I don't reside in Massachusetts this special election is a nightmare with the race between the Devil You Know (Coakley) and the Devil You Don't know (Brown). I hope the Massachusetts voters are smart enough to go with the Devil They Know (Coakley) and avoid shooting themselves in the foot by electing that sleasy republican used car salesman (Brown) trust me he's BAD NEWS in the making for that state. I think the state & the nation could be in for a "MAJOR" shock because the independent candidate Kennedy could get at least double if not triple the votes he has been predicted to get as a sign of revolt against the Dems & the Repubs which would strip Brown of the necessary votes he needs to win.
That's just silly to think Republicans wouldn't seat a Democrat right away either. Grow up!
More Americans need to start reading the Constitution... the Senate does have the right to seat or not seat members. Originally, state legislatures appointed senators, but the 17th Amendment shifted that power to the people... however, the Senate still has the right to qualify the people's elected senator. It's all in the Constitution.
On a side note, I find it highly ironic how much conservatives are using the word "people's" when historically, it is a communist/socialist term.
Why don't the Democrats rewrite the entire Constitution over the remaining three years to serve their political agendas.. Better idea, try rewriting that joke of a health reform bill.
Any Democrat denial of the will of the American majority not to pass this idiotic bill will spell a loud and prompt implosion of the Democrat Party shortly thereafter.
Nikki Tsongas was sworn in 3 days after the election to fill her husbands seat. Lets see how fast Galvin moves for this election. Remember it's not the person who cast the vote who counts, it's the person who counts the votes that were cast that can change the election. Beware of the union thugs !!!!!
I am just wondering how far Dems will go to get their way, not the way of the people, but their own selfish and self-centered way. When will America wake up!
Lets hope the results push Brown over the threshold of any recount. We would not want to see the Slimyocrats get their hands on the ballots and reshape history again like the Acorn ballots did.
Kyle of Va we need more Republicans in DC to balance the Government, it is NO good for one side to have an unvoidable majority. Corruption occurs.
I love to see a democrat win the election in my state because it is a Democratic state and it should not be given to any repbulican. Then people should know that when it comes to fight for the middle class in United State the Democrat came first and people should realized that this election is not for republican but for democratic.
If Brown wins this sounds like another trick by the democrats to delay Brown taking the peoples seat back to the people.
i hear coakley is cheating already, sounds like an osamabama supporter
Wow, the Democrapic revolution lasted just about a year. 10 months to the midterm and hopefully we can get some more Socialists out of the Congress and Senate. Might even force our illustrious president, Jimmy Carter Jr., to actually be BIPARTISAN.
The people will keep it warm until Sen. Brown gets sworn in.
Oh, so another sleazy lib chimes in. We pulled this crap with Al Franken so maybe we can get away with it here. How crooked can these creeps get? He even looks like a creep.
They pulled the same stunt with the Atlanta mayorial race. White woman wins the election but of course not by enough so they manipulate the system and get another illiterate unqualified guy just because he's black. The guy can barely put two words together to make a sentence. Carpet bagger.
This would be typical loser Democrat tactics. If Coakley wins it will be because of VOTER FRAUD.
America demands that if Brown wins he is seated immediately.
I hope this race won't be as long as Coleman vs. Franken in MN. No matter who wins, it has to be fair and square.
The GOP will be the death of America.
If the Scott Brown wins Kennedy's seat and the Democratic Senate delays in seating him, the country will revolt against Obama and the Senate and the House and Democrats will be in the minority in all three branches of government and Obama will become a lame duck by the mid term elections in November It would be political suicide for the Democrats to act so recklessly. The country would not stand for it, and Obama's legacy would be one of destroying the country, corrupting the politicap process, and pitting red state against blue state. As the first black president, he would down in history as a destroyer and corrupt and reckless president –hardly something to aspire to. It is time for the Democrats to play by the rules. and it is time for pelosi and reid to retire
Gee. I hope the same thing doesn't happen that happened in Minnesota. The repubs were so straight forward in seating the winner. Right away, I think. Well, within the first 6 months.
I can just see Pelosi saying that he is not "qualified" for the Senate. I can almost guarantee the populist uprising would be like nothing ever seen in the US. He should show up tomorrow, if he wins, and take his seat;.
Exit polls are saying Brown is up by 10 points. The liberal elite had better seat him tomorrow if this is as big a blowout as it seems. They already cheated once by changing the law to appoint Kirk while waiting for the special election. Just try to cheat, and see the wrath of the American people. The Second American Revolution has begun! Take back our country!
Galvin is an idiot plain and simple if someone wins they win. What a tool.
WWLP in Springfield, MA has just reported that pre-marked Scott Brown ballots were discovered at polling stations in Cambridge and Brighton
Interesting to think how Minnesota's senate election went too.
I love watching the liberals go down. They make the real democrats look bad.
A vote for Republican = A block vote for Progress. Nothing will get done in DC. NOTHING!!! In the end, this benefits absolutely nobody. All we will get is a bunch of political fighting for power.
How come Teddy Kennedy was able to be sworn in 1 day after he was elected.
Also, Rep Tsongas was sworn in within 2 days.
So this is total nonsense to have it be decided by the Senate when the people in MA have decided as of 8 pm on 1/19/2010 which candidate will be the next Jr. senator from MA.
Tell me, if Coakley pulls it off (highly doubtful) when will she be sworn in.
Coleman and the republicans held up Franken's being seated for 6 months. They ordered recount and recount and went here and there trying to find ballots they wanted. They filed lawsuits. So now they want Brown to be seated immediately if HE wins. Typical bunch of republican buttholes. So they say they can hold up seating a Democrat but they want their guy seated immediately. Maybe the democrats should file lawsuit after lawsuit against brown IF he wins. Make it as miserable for him as the republicans did for Franken. At least Franken was gracious and not the absolute piece of crappy butthole that Brown is.
If the information is true, Republicans are willing to cheat to win.
IF THAT IS TRUE then why would they complain if Democrats manipulate the system to get health care reform passed? OH, I know, because they are "always right." WRONG
Americans didn't bargain on this when they voted in euphoria for the Democrats just a year ago, did you now? This is what happens when you vote against Republicans, this is what you get for putting Dem's in office, Please don't make the same mistake in 2012!
Let's see how much the Dems like democracy when results are not to their liking.
I do not believe that he will get his seat if he wins until health care is passed. I do not believe that the progressive democrats will allow their precious 60 seat majority to go to waste. I believe that they will refuse to seat him, citing unfair balloting and recounts, until health care reform is passed and signed by the President. This is corrupt and unfair politics and will show just how desperate the progressive democrats are to get their agenda passed. I hope that Brown wins, but in my mind I think he will be too late to stop the runaway train that is health care. November cannot come soon enough so we can vote some of these radical progressives out of office and get people who actually care about this country and everything it is about, including the Constitution, instead of rewriting history and the laws of this great nation.
I should not be so surprisd by this. I should have expected it. The Dems control who gets seated and when? This is a horror story come to life as another poster already stated. It is time to clear out Washington and all career politicians. It is also time to recind all retirements and health care for these elected officials. Let them buy their own health insurance like we all do. Term Limits!! Must be enacted. We need fresh blood in Washington that can bring US, the American People representation in Washington!
we are watching demOCRAPs. always changing the rules to better your side. You have threatened our way of life sense dumboma took office. I think the american people are done with this hope and change crap and want our rights and jobs back.
Hahaha! I love it. For once the "weaker party" is getting gutsy and playing to win and telling the other party to sit down and shut up because they had their turn. It's like the twilight zone.
Checkmate Republicans...Regardless if MC Scotty B wins healthcare will still pass. They will definitely pull a Republican and slow walk the process through and pass HCR. Checkmate. hahahahaha
What can Brown do for you???
This seems just in keeping with how the Republicans ran things for 8 years.
It took six months to seat Al Franken, so the GOP should be happy with anything less than that.
Should Scott Brown win and the Senate delay seating him until they pass this healthcare bill, I think that will be the last straw for the American people. Between the Blatent bribe of Sen Nelson for his vote, and the seating of Obama's replacement in the Senate after it was proven he had bribed the x Governor of Illinois in order to get the position. The slogan for the mid-term elections will be "THROW THE BUMS OUT!!!
Hey guys, the change has already begun....Dems hold on to your hats... as you LEAVE the building...lol. We do not want all this hog wash Hussein is offering or trying to stuff down our throats.
Well, kyle and the other libs here seem to have no morals at all. They seem to think it's ok to cheat, as long as they win. kyle, republicans have a smuch right to live and vote and exist as your do. Maybe you need to do some thinking about people and life. It doesn't look like you've done much thinking at all.
Just when i thought all hope was gone, the people with common sense are showing up at the polls again. Go Sen. Brown.
Regardless of who the winner is, the US senate must adhere to the will of the people. While I'm not from the US (Canadian), I often considered by political views to line up with the Democratic party...not so much these days though. Not that the gov't here in Canada is much better. Elected officials tend to forget that they can be replaced.
Ok everyone, take a deep breath, and let's remember: we're all Americans. We're on the same side. And we live in a democracy. Whoever wins, wins. And we take it from there. Please, for the love of God, turn down the screeching.
Wow, so since the Dems control everything in Massachusetts, they will even get to decide when the winner is seated? Gee, if it is Mr. Brown I wonder if they will wait to seat him until it is too late for him to vote against Obamacare? My guess is also that Ms. Coakley would be seated immediately. If this was a Republican Secretary of State proclaiming this the liberal media would have it as "Breaking News" and be crying for the person to step down. Funny how the constitution and sucession laws have no bearing if it means the Dems don't get to ram Obamacare down our throats. Unbelievable double standard.
This country cannot afford a Democrat victory in Mass. Hey Dems- How's the "Change" workin for yoa now? A national debt that will bankrupt this country for generations. I hope all you members of the Democratic Socialist Party of America choke on your liberalism.
The Constitution decides the qualifications for a US Senator, the State has elections officials has the responsiblity of making sure the candidate is qualified before the election, before the ballots.
The Senator is a Senator and starts getting paid as a Senator the day after the election.
The Senate decides the procedures to seat the new Senator, not the qualifications.
After all, parties would only limit the qualifications to only those that fit their party views.
"And we will keep counting until the right woman wins!"
Galvin needs to go! The VOTERS decide!
Brown is going to win, and he'll tackle Obama's health care plan by breaking the 60-member proof filibuster that Obama had counted on. Obama will go down as a loser president who put all his eggs into one basket for health care, and lost that.
You want to talk about democracy slipping away? How about a Senate minority being able to completely block legislation? Isn't a democracy where the majority rule?
there is absolutely no need to go attacking anyone. the republican party has not been the most shining example of clean elections with all the election fraud that happened in the last decade. state senator brown is charismatic but in no way qualified to be a us senator, whereas Attorney general martha coakley has much experience in public service, on a higher level, regardless of how each comes off on TV.
Even as a Dem, I was soured on this race when I learned that GM sent 6 bus loads of union workers to Mass to help "get out the vote" for a week. That is a government run and funded company. They should not be paying people, yes fully paying them and busing them, to work in an election on yours and my tax dollars...
I just wish old chappy was alive to see this! This is great !!!
So if I hear Gavin correctly, the Democrats will do everything they can to disenfranchise the voters of Mass. Just so they can push their socialist agenda down our throats.
A true sign of their despotism. May be they should read the 17th amendment. Senators are selected by the voters, not the Senate.
Nothing but Bull.
So much for ending insurance-company abuses. The Reepubs seem to think things are working just fine, with profit-driven insurance companies deciding whether to refuse necessary treatments, drop people, not cover people with preexisting condition, ad nauseum (literally).
GO Scott Brown. It's time to take back America, Land of the FREE. Even in the stronghold of Democratic ideals like Massachusetts people are seeing that we need a change. I am hoping for a change. A change we can all be proud of, a change that Scott Brown will bring to the Senate seat and advancing the causes of true Americans everywhere.
GOD BLESS AMERICA & Pray for the people of Haiti
I think we are getting close to revolution if the Democratic party manipulates the rules in this manner. I can't believe that someone would even consider going against what the people want in such a blatant way.
Democrats in Congress....Hear OUR voice.....don't push the HCR bill through.
Fix it, and HONOR the checks and balances our forefathers had the good sense to see the need of.
Democrats MUST move on and press ahead.
Don't cower under Republ1can bluff!
Don't you people get it? It's not about the American people it's about Republicans and Democrats they don't care about us at all; if they did there wouldn't be so much division in Washington! It's about who has the most seats, which party is commander-n-chief, which party has the most Presidents and so on and so on....Neither party wants to pass a bill based on what Americans want they just pass bills so their party can look good, look like they're doing something. It's all about who is the heavyweight!
The Constitution decides the qualifications for a US Senate member, not the Senate. The state elections officers is responsible for checking the qualififications prior to putting the candidate on the ballot.
The Senate seats the member upon a certificiation of the vote according to the Senate procedures.
However, the current Senator is not longer the Senator after election day, until the new Senator is seated.
Massachusetts law says that an appointed senator remains in office “until election and qualification of the person duly elected to fill the vacancy.
That means that Kirk cannot legally vote after the election. Until the new Senator is seated, the seat is vacant.
Time to start over, clean house, get rid of both parties, all these foolish goverment agencies, special interests, start over with the constitution and not this so called democracy that has become a twisted form of economically irresponsible socialism. Need to return to a democracy for the people.
Refusing to seat Brown will be the final nail necessary to seal shut the coffin on these people who have controlled all of congress and the White House for a year now.
With the trillions spent in one year, America has awakened to the fact that we can not afford three more years. Because there is not a presidential election by which we can clean house to stop it at once, we will begin the sweeping now in 2010 with the house and senate.
In the euphoria of the Obama candidacy, most of America was swept up in an emotional tide. Now the true gut feeling is settling in upon those who followed the Pied Piper as the cliff looms ahead.
This is a good day for the GOP. Even Kennedy is not immune to the far left agenda of Obama. Hopefully the GOP will win more in 2010 and 2012.
Predictions:
1. Republican declared winner in Mass.
2. Senate delays his seating for as long as needed.
3. If the health care passes (or even if it doesn't), the Democrats will NOT want to lose the "sacred 60". They'll scour the Republican ranks to find someone who is willing to sell their soul to change parties. Or they'll find the weakest member, release the dirt, and have them kicked out.
Either way, the Dems will regain their 60th BEFORE the mid-terms.
Don't be surprised if Coakley pulls ahead and wins the election. Has anyone forgotten ACORN during the Obama election?