Sen. Menendez’s resignation, VP Harris’ campaigning could affect Senate tie votes

Amid Sen. Bob Menendez’s, D-N.J., resignation next month, the Senate will be left in a 50-50 split of Democrats and Republicans until his replacement is appointed, as Vice President Kamala Harris hits the campaign trail in her run for president.

With the convicted Menendez stepping down from his Senate seat during August recess, there will be three weeks of the Senate being in session before the general election, in which time Harris could be needed for any tie-breaking votes if the New Jersey governor has not yet appointed a replacement.

According to reports on Tuesday, Menendez will resign from his Senate seat on Aug. 20th, following his conviction in a federal corruption trial.

A Manhattan federal jury found Menendez guilty on all charges on July 16th. The charges included fraud, bribery, acting as a foreign agent and obstruction.

In a letter to New Jersey Gov. Phil Murphy (D), Menendez wrote that he will appeal the verdict “all the way and including to the Supreme Court,” if necessary.

Menendez said he selected the date of Aug. 20th because it would give the governor time to find a replacement to serve the remainder of his term, time for him to close out his Senate office, and time for his staff to transition to other jobs.

Menendez was running for reelection to his Senate seat as an independent. He has served in the Senate since his appointment by then-Gov. Jon Corzine in 2006, after Corzine vacated the seat to become governor. Menendez had served in the U.S. House of Representatives from 1993 until the Senate appointment.

Murphy again called for Menendez to resign last week after his conviction, saying that if the senator refused to, then the Senate should expel him.

On Tuesday, Murphy announced that he had “received a letter from Senator Bob Menendez informing me of his intention to resign effective August 20, 2024.

“I will exercise my duty to make a temporary appointment to the United States Senate to ensure the people of New Jersey have the representation they deserve,” the governor said.

The appointment would last for the rest of Menendez’s term, which ends Jan. 3, 2025. New Jersey law doesn’t require the governor to fill the vacancy by appointing a senator, but does allow the governor to make the appointment.

The governor’s office didn’t immediately respond to a request or comment regarding the timing of the Senate appointment to replace Menendez.

U.S. Rep. Andy Kim, D-N.J., who is the Democratic nominee running for Menendez’s seat, said that he would accept the appointment if asked by Murphy.

After Menendez steps down, depending on when Murphy appoints a replacement, the Senate could have a 50-50 split of Democrats and Republicans, leaving Harris, the president of the Senate, to tiebreak party-line votes.

However, as Harris is now running for president following Biden’s exit from the race, she could be on the campaign trail while the Senate is in session and voting.

Biden dropped out of the presidential race on Sunday, after he was diagnosed with COVID-19 and had been facing calls to drop out from members of his own party following his debate against former President Donald Trump last month. The president endorsed Harris for the Democratic nomination.

The Senate is scheduled to be in recess Aug. 5th through Sept. 6th, then again Sept. 30th through Nov. 11th, leaving only three weeks in September to conduct business before the general election.

Following the November election, the Senate will reconvene Nov. 12th through Nov. 22nd, before taking off Nov. 25th through Nov. 29th, and working again from Dec. 2nd until adjournment on Dec. 20th.

The Harris campaign and White House didn’t immediately respond to requests for comment Tuesday.

Senate Majority Leader Chuck Schumer, D-N.Y., is planning on working on legislation this summer, according to Politico Playbook.

He will begin bringing the combined Kids Online Safety Act (KOSA) and Children’s Online Privacy Protection Act (COPPA 2.0) to the floor this week, per a Schumer aide.

“It has been a long and daunting road to get this bill passed, which can change and save lives, but today, we are one monumental step closer to success,” Schumer said in a statement.

The bipartisan bills are intended to promote online safety for minors. KOSA has more than 60 co-sponsors in the Senate, making it filibuster-proof. The bill prohibits children under 13 years old from creating social media accounts.

COPPA 2.0 will strengthen a 1998 children’s privacy law.

Sen. Ron Wyden (D-Ore.) previously opposed KOSA because he was concerned that Republican attorneys general would be able to use the law to restrict LGBTQ+ social media content. Meanwhile, the conservative group Patriot Voices opposes the bill because of the possibility that it would restrict socially conservative or religious content on social media.