Monday, November 17, 2008

When will Biden resign?

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Good question. It's complicated by the fact that Biden was reelected to the Senate. So even if he resigned now, he would have to re-resign on or after Jan. 6 when the new Congress takes over. (Or maybe just not retake the oath - would that effectively be a resignation?)

DocJess wrote pre-election (but updated to reflect the election):

Ruth Ann Minner is the current governor, and if she wants it, she'd be a good choice as place-holder. She's 73. Her replacement is Jack Markell. He'd have to appoint her. And he actually can, because her term ends at 9 a.m. on January 20th, and Senator Biden becomes Vice President Biden at about noon on January 20th. Then again, if he wins, he could resign early, and let Governor Minner fill the seat, although she'd likely choose the current Lt. Governor, who might see himself more as "Senator" than "place holder."
The recent chatter had been that Biden would resign soon:
Vice president-elect Joe Biden is expected to resign soon too, giving his Delaware Democratic governor a chance to appoint someone.

The resignations before January will give both their successors slightly longer seniority over those taking office in January, which is a really big deal in that world because it involves which office and committee assignments and ranking you'll have. Kind of like merit badges without your mom having to sew anything. - LA Times
But even the LA Times can't figure it out. From the same day:
The vice president-elect, Sen. Joe Biden of Delaware, may remain in the Senate until January. His vote could be needed in the lame-duck session of Congress that begins next week.
And CNN says Biden said he won't resign until Jan 20:
Vice president-elect Joe Biden, who was also re-elected in Delaware to his Senate seat on November 4, told an interviewer several weeks ago that he would resign when he's sworn in as vice president in January
First Read has more:
In an interview with KY-3 in Missouri last month, Biden explicitly said that, "I wouldn't resign my Senate seat until I were sworn in as Vice President of the United States." The new governor is also sworn in on Jan. 20.
So if he resigns soon he'll have the earliest VP-election resignation ever. Or maybe he'll have the latest. Let us know what you think he'll do.