Editorial: Strive to fill lieutenant governor spot outside of court

Published 10:05 pm Wednesday, December 20, 2017

When it comes to determining who should be Minnesota’s next lieutenant governor, Republican legislative leaders and DFL Gov. Mark Dayton should just file the papers now and reserve time for a hearing before the Minnesota Supreme Court.

That might seem extreme because there are common-sense options worth pursuing. However, recent history shows leadership on both sides would rather fight in court than compromise, especially regarding how the state Constitution disseminates power.

Witness the monthslong court battle prompted by Dayton’s veto of funding for the legislative branch after it passed budget bills intended to do an end run around some of his objectives last session. The long-term outcome of that court fight is still unclear.

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Now Dayton’s appointment of Lt. Gov. Tina Smith to fill U.S. Sen. Al Franken’s seat until the 2018 election is raising another constitutional dilemma about replacing Smith in the largely ceremonial role.

The state’s Constitution says the Senate president — Republican Sen. Michelle Fischbach from Paynesville — automatically replaces Smith. Citing the Constitution and a 119-year-old court ruling, Fischbach and Republicans say she can do both jobs.

DFLers disagree, citing a clause in the Constitution forbidding legislators from holding any other state or federal office beyond a postmaster or notary public.

Partisanship is motivating arguments from both sides.

For example, Republicans hold a one-vote lead in the Senate. If Fischbach gives up her Senate seat, which has been solid red for decades, a Democrat could conceivably win it and change who controls the Senate. On the flip side, staunch Republican Fischbach would become governor if something awful happens to the liberal Dayton.

Such scenarios foster intense debate among political junkies but do little good for the governance of Minnesota.

Fischbach herself told Twin Cities media last week of a potential common-sense solution. In seeking to do both jobs, she acknowledged she would not be part of the Dayton administration’s high-level strategy sessions.

That’s a good start, but would she and Republicans also agree that if Dayton was unable to serve, a transition of power would allow Democrats to retain the seat until Election Day 2018?

Another option being discussed is drafting a plan that essentially allows Fischbach to keep her Senate seat while allowing Dayton to name Smith’s replacement.

Admittedly, those approaches might not fit perfectly with the Constitution and certainly would not please all the political players involved.

Still, if they (or any other reasonable idea) can avoid a lengthy court fight, they are worth pursuing.

— St. Cloud Times, Dec. 15

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