MINNEAPOLIS (WCCO) — The appointment of Minnesota Lt. Gov. Tina Smith to fill United States Senator Al Franken’s vacated seat is creating political upheaval at the State Capitol.

By law, State Senate President Michelle Fischbach moves into the lieutenant governor position.

13fischbach Solicitor General: Fischbach Cant Be Both State Senator, Lt. Gov.

Michelle Fischbach (credit: Minnesota Senate)

The Republican from Paynesville says she wants to keep her job in the Senate, but the Minnesota Attorney General’s office says Fischbach cannot legally do both jobs.

On Thursday, Minnesota’s Solicitor General issued an opinion saying an 1898 decision by the Minnesota Supreme Court that allowed a lieutenant governor to do both jobs is no longer valid.

The GOP holds a one-seat majority in the Senate, so if Fischbach cannot hold both jobs, the chamber could be tied.

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