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yes, one may only serve in one branch of the gov't at a time. so therefore he must resign from the legislative branch of gov't in order to serve in the executive branch

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Q: Will biden have to give up his seat in the senate?
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What happens to Joe Biden's senate seat?

Delaware's governor, a Democrat, will select a temporary replacement to fill Biden's seat until the next Senate elections, which are in November 2010. At that point a special election will be held to determine who fills the next 4 years of Biden's term. Somewhat similar answer regarding Barack Obama's senate seat, except that Obama's seat is up for re-election in 2010, so no special election is necessary.


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