# Feinstein’s replacement speculation and breaking news thread {Laphonza Butler sworn in}

**URL:** <https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865>\
**Category:** Politics & Elections\
**Created:** [September 29, 2023, 2:43pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865 "2023-09-29T14:43:45Z")\
**Posts on this page:** 20\
**Page:** 5

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**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\
**Post date:** [October 2, 2023, 8:41pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/81 "2023-10-02T20:41:34Z")

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Just to be clear, I don’t think she should defer to anyone else’s wishes _unless_ she does, indeed intend to be just a “caretaker” Senator. If that is not the expectation, that label should be dispensed with by all; the press, the governor, and everyone in this thread.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [October 2, 2023, 8:44pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/82 "2023-10-02T20:44:59Z")

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> [@Tzigone](#):
>
> That I disagree with.

She should certainly defer to sanity, and vote with the Dem caucus. Going rogue would be wrong.

> [@Elmer\_J.Fudd](#):
>
> Just to be clear, I don’t think she should defer to anyone else’s wishes _unless_ she does, indeed intend to be just a “caretaker” Senator.

_Caretaker_ just means she is not supposed to run for that opening. Thats all. And, yeah, she should defer. A lot. Nearly always. She should vote with her party. If she starts voting with the GOP, she is wrong.

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**Author:** ![smithsb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smithsb/32/12107_2.png) [@smithsb](https://boards.straightdope.com/u/smithsb)\
**Post date:** [October 2, 2023, 9:41pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/83 "2023-10-02T21:41:47Z")

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> [@Dinsdale](#):
>
> I wonder what kinda pension attaches to a less than 2 year term…

They did away with special pensions for congress critters DECADES ago. They get the same 401k options, Social Security…“FERS is a retirement plan that provides benefits from three different sources: a Basic Benefit Plan, Social Security and the Thrift Savings Plan (TSP). Two of the three parts of FERS (Social Security and the TSP) can go with you to your next job if you leave the Federal Government before retirement.”

All you want to know here: [FERS Information](https://www.opm.gov/retirement-center/fers-information/#:~:text=FERS%20is%20a%20retirement%20plan,the%20Federal%20Government%20before%20retirement).

And the same choices in health plans as other fed employees.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [October 2, 2023, 10:13pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/84 "2023-10-02T22:13:59Z")

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Yep. And FERS requires a minimum five years of federal service (doesn’t have to be just Congressional) to vest.

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [October 2, 2023, 11:30pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/85 "2023-10-02T23:30:12Z")

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> [@smithsb](#):
>
> They did away with special pensions for congress critters DECADES ago. They get the same 401k options, Social Security…“FERS…

Thanks. I did not know that. I’ve been contributing to FERS since 86.

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**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\
**Post date:** [October 2, 2023, 11:50pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/86 "2023-10-02T23:50:57Z")

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A lobbyist for a super PAC that doesn’t even live in California.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [October 3, 2023, 12:51am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/87 "2023-10-03T00:51:06Z")

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Darrell Issa is questioning the Constitutionality of her appointment, because while Butler owns property in California her primary residence is in Maryland. Of course, it’ll be the Senate who decides whether her appointment is proper so who gives a shit what Darrell Issa thinks?

> **[GOP lawmaker Issa demands answers from Newsom, Senate leaders on Laphonza...](https://www.foxnews.com/politics/gop-lawmaker-issa-demands-answers-newsom-senate-leaders-laphonza-butlers-maryland-residency)**
>
> Rep. Darrell Issa, R-Calif., is questioning the legality of appointing Laphonza Butler, a non-resident, to the late-Sen. Dianne Feinstein's seat.

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**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\
**Post date:** [October 3, 2023, 1:06am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/88 "2023-10-03T01:06:13Z")

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I think that he has a point. According to that article, the bio on her web page said that she was a resident of Maryland up until it was scrubbed just before the announcement. Where is she registered to vote?

I really liked her as the choice too.

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**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\
**Post date:** [October 3, 2023, 1:13am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/89 "2023-10-03T01:13:18Z")

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Newsom should withdraw his first choice and appoint Issa’s opponent in the last congressional race.

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**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\
**Post date:** [October 3, 2023, 1:26am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/90 "2023-10-03T01:26:08Z")

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> [@Elmer\_J.Fudd](#):
>
> Newsom should withdraw his first choice and appoint Issa’s opponent in the last congressional race.

That would be hilarious 😆.

[Ammar Campa-Najjar](https://en.wikipedia.org/wiki/Ammar_Campa-Najjar) wouldn’t exactly fulfill [Newsom’s promise](https://static01.nyt.com/images/2017/06/26/us/26California-Today-campa/26California-Today-campa-superJumbo.jpg), but an Arabic and Spanish-speaking former Obama intern would certainly give a number of other Republicans heartburn.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [October 3, 2023, 1:28am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/91 "2023-10-03T01:28:52Z")

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I don’t know what the Californian constitutional issues may be, but the federal constitution says:

_No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen._ (Art I, Sec 3).

She wasn’t elected, she was appointed.

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**Author:** ![squeegee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/squeegee/32/14537_2.png) [@squeegee](https://boards.straightdope.com/u/squeegee)\
**Post date:** [October 3, 2023, 4:13am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/92 "2023-10-03T04:13:44Z")

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> [@flurb](#):
>
> She wasn’t elected, she was appointed

A good point. She has plenty of time to establish residency.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [October 3, 2023, 5:18am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/93 "2023-10-03T05:18:02Z")

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Note that technically Dick Cheney was not eligible for Veep.

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**Author:** ![snowthx](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowthx/32/10660_2.png) [@snowthx](https://boards.straightdope.com/u/snowthx)\
**Post date:** [October 3, 2023, 9:47am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/94 "2023-10-03T09:47:38Z")

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> [@hajario](#):
>
> Where is she registered to vote?

AIUI she is a long time resident of CA and owns a home in the state. Evidently, all she has to do is register to vote in CA and then she can be sworn in to her new role. I am sure Newsom and his staff saw that coming and already had a plan to address it.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [October 3, 2023, 10:43am UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/95 "2023-10-03T10:43:57Z")

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> [@snowthx](#):
>
> > [@hajario](#):
> >
> > Where is she registered to vote?
> 
> AIUI she is a long time resident of CA and owns a home in the state.

Ah. Who moved to DC (or thereabouts) because her job is focused on federal politics… Much like most senators, who live near DC much of the time.

She’s an interesting pick. I wonder if she will quietly step down at the end if her term. I have to think she’ll be tempted to run for office once she has all this name recognition and experience. She certainly knows her way around fund raising and campaigning. I bet she’s on top of most of the major political issues, too.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [October 3, 2023, 12:14pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/96 "2023-10-03T12:14:14Z")

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> [@DrDeth](#):
>
> Note that technically Dick Cheney was not eligible for Veep.

Dick Cheney was eligible to be VP. He changed his residence from Texas to Wyoming well before the election.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [October 3, 2023, 1:35pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/97 "2023-10-03T13:35:27Z")

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> [@puzzlegal](#):
>
> > [@snowthx](#):
> >
> > AIUI she is a long time resident of CA and owns a home in the state.
> 
> Ah. Who moved to DC (or thereabouts) because her job is focused on federal politics…

Sounds like the often brought up issue of what is the difference between “residence” vs. “ domicile”. And as noticed the requirement is to be a resident “when elected” not X time prior.

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**Author:** ![slicedalone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slicedalone/32/12515_2.png) [@slicedalone](https://boards.straightdope.com/u/slicedalone)\
**Post date:** [October 3, 2023, 1:46pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/98 "2023-10-03T13:46:25Z")

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> [@snowthx](#):
>
> all she has to do is register to vote in CA and then she can be sworn in to her new role.

Residency requirements are your basic bullshit. Has anyone ever been disqualified because they lived out of state? Look at Dr. Oz. Or Hillary Clinton (in NYS). Ya just buy a house, or rent a studio apartment, depending on how many millions you’ve got lying around, and voila! You’re a resident. It’s ridiculous to have these silly requirements. Maybe in the 18th century, it was a bigger hassle to move to a state you never lived in, or a bigger stigma to be a carpetbagger.

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<div class="post-metadata">

**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\
**Post date:** [October 3, 2023, 1:47pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/99 "2023-10-03T13:47:10Z")

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> [@flurb](#):
>
> Dick Cheney was eligible to be VP. He changed his residence from Texas to Wyoming well before the election.

The only restriction for the 12th Amendment is that if both the President and Vice President candidates are from the same state, only one of the two can have electors vote for them.

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<div class="post-metadata">

**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [October 3, 2023, 3:27pm UTC](https://boards.straightdope.com/t/feinstein-s-replacement-speculation-and-breaking-news-thread-laphonza-butler-sworn-in/990865/100 "2023-10-03T15:27:31Z")

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Again, the whole thing is moot because Cheney reestablished Wyoming residency months before the election, but it would have been interesting if Texas electors had been forced to cast their VP votes for someone else. The result would have been a contingent election in the Senate, which was tied as a result of the 2000 election and no VP to break ties.

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