SILVER SPRING, Md. — The woman who will replace the late Sen. Dianne Feinstein could begin work at the Capitol as soon as Tuesday. California Gov. Gavin Newsom appointed Laphonza Butler to serve as senator until an election next year, and that raises a lot of questions about her ties to California, since she lives in Silver Spring, Maryland.
The Question:
Does Laphonza Butler meet the qualifications to join the U.S. Senate?
The Sources:
- Article I, Section 3 of the U.S. Constitution
- The 17th Amendment of the Constitution
- A statement from the California Governor's Office
- Article I, Section 5 of the Constitution
The Answer:
Yes, even though she has spent more time recently on the Beltway than L.A.'s 405 Freeway, Laphonza Butler meets the threshold to join the U.S. Senate.
What We Found:
Article I of the Constitution makes it plain -- there are only three requirements to be a U.S. Senator. You have to be:
- At least 30 years old
- A U.S. citizen for at least nine years
- An "inhabitant" of the state you will serve when elected
Next, the 17th Amendment explains that a state's governor can appoint someone to fill a Senate vacancy until an election is held. No additional requirements are mentioned.
So is Butler an "inhabitant" of California? California Governor's Office Spokesperson Izzy Gardon said Butler owns a home in California, and the Associated Press reports she is expected to reregister to vote in California before being sworn in.
Finally, Article I, Section 5 of the Constitution says the Senate shall be the judge of a senator's qualifications for office.
There are currently 50 senators who caucus with Democrats, and 49 Republicans. Butler would have the votes to survive any challenge.