 Okay, well, if Menendez is expelled or decides eventually to resign, just remind us, how will his seat get filled? Right, so the governor of New Jersey would then appoint someone to fill the seat until next January. Since he's a Democrat, he would likely appoint another Democrat, which keeps the numbers the same in the Senate. That seat is already on the ballot this November, and Congressman Andy Kim, a Democrat, is likely to win.