Special Elections Could Thwart Democrats’ Plans for Lame Duck Session

by Wesley Fox Some Republicans in Congress have expressed concern Democrats in Congress will use the lame duck session after the November election to push through controversial legislation such as Cap and Trade and Card Check.  The concern is that the Democrats who lose in the election will go ahead and vote for these controversial measures since their job will...

by Wesley Fox

Some Republicans in Congress have expressed concern Democrats in Congress will use the lame duck session after the November election to push through controversial legislation such as Cap and Trade and Card Check.  The concern is that the Democrats who lose in the election will go ahead and vote for these controversial measures since their job will no longer be on the line.

Republicans have only one way to stop this tactic: filibuster.  Republicans currently control 41 seats in the Senate, which is enough to block legislation if all 41 oppose it.  This is easier said than done.  For example, three Republicans voted not to block the recent Dodd-Frank Wall Street Reform and Consumer Protection Act, despite attempts by their party to block the vote.

However, Republicans may have more than 41 senators for the lame duck session.  In addition to the elections for the next term starting in 2011, there are four special elections that will select four senators that will take their seat immediately.  In Illinois, Delaware, Colorado, and West Virginia there are special elections taking place.  All four seats are currently held by democratic appointees (Roland Burris, Ted Kaufman, Michael Bennett, and Curtis Goodwin respectively).  All four races are considered competitivein November, meaning Republicans could increase their seats to 45 immediately after the election.  This would make it easier for Republicans to get the 41 votes needed to filibuster – effectively blocking any attempts to pass controversial legislation.

Here in Illinois Republican Congressman Mark Kirk is neck-and-neck in the polls with Democratic nominee Alexi Giannoulias.  Illinoisans will be voting in two senate elections, the special election to determine who is senator from November to January, and the regular election for who will serve out the next full six-year term.

This effectively raises the stakes for the Illinois Senate election as well as the other three.  Voters in Illinois, Delaware, Colorado and West Virginia could block the Democrats’ attempts to use the lame duck session to force through unpopular legislation.