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If Moore wins, can the senate just refuse to seat him and force the governor to appoint a replacement?
On Sunday morning's "Meet the Press" program, Chuck Todd asked Minnesota senator Amy Klobachar this exact question. She seemed to hem and haw at first, avoiding a direct answer, so Mr. Todd asked her the same question a second time. Senator Klobachar seemed to answer "Yes," that the Senate could vote - by a two-thirds majority - to refuse to seat Roy Moore; but she quickly noted that there was a better alternative ... This "better alternative" would be for the people of Alabama to vote for (and elect) the Democratic candidate, Doug Jones.
I've noted in earlier posts that if Governor Kay Ivey postpones the election or calls a new election, there will likely be litigation and court challenges. It will be Alabama's version of the 2000 "Bush versus Gore" imbroglio. If the December election is called off and/or the Alabama GOP withdraws Moore's nomination, nobody can predict where the chips will fall.
Yesterday I was convinced that Governor Ivey will be under intense pressure, (from both within and outside Alabama), to call off the December election and appoint an "interim" senator - most likely Luther Strange - thus giving the Alabama GOP plenty of time to "persuade" Roy Moore to drop out. However, after thinking about this for the past 24 hours, I have my doubts that Governor Ivey (or the Alabama GOP) will intervene. First of all, Governor Ivey knows that any action on her part to delay or postpone the December 12 election is very likely going to produce a s**t storm of litigation. If Doug Jones is leading in the polls, especially by a number greater than the MOE, he will almost certainly file a challenge. If Roy Moore thinks (or believes) he is on the way to a win and the election is called off, he'll probably file suit. If the election is called off or postponed, at least one of them will take it to the courts. So the only way Kay Ivey avoids a litigation imbroglio is to let the election proceed as scheduled - regardless of which candidate is leading in the polls.
I believe Governor Ivey will choose not to intervene for a more pragmatic reason, namely her own political calculus. Governor Ivey is running for a full term as Governor with the election to be held in just under a year from now. Governor Ivey will face a strong field in the Republican primary with several well financed challengers. One of those challengers, Tommy Battle, currently the mayor of Huntsville, has already announced he will oppose Governor Ivey. Mayor Battle is a popular mayor and will receive strong support from North Alabama. (A lot of good jobs have come into North Alabama during Mayor Battle's tenure - a point he won't hesitate to emphasize in campaign ads.) Mayor Battle will be well financed as he was a real estate developer with strong ties to the business community before he ran for mayor. There will be other challengers (from other areas of the state) to Governor Ivey, so she can't expect to waltz her way to a full term.
What Governor Ivey knows is that she's going to need every vote she can get in the Republican primary. What she also knows is that if she pisses off die hard evangelical Roy Moore supporters, (which amount to approximately 49 percent of the state's registered voters), by calling off or postponing the December 12 election; she could easily face a backlash from those same [angry] Roy Moore supporters come next November. So my "guess" - and it's only a guess - is that Governor Ivey is going to sit on her hands and let the special election proceed as scheduled. From Governor Ivey's perspective, if the people of Alabama elect Roy Moore and send him to the U.S. Senate, that's Mitch McConnell's problem - not hers!