The Kentucky legislature does not want the governor to be able to appoint a United States senator if the federal position becomes vacant.
State lawmakers passed new legislation mandating that special elections be held to fill Senate vacancies. The winner of the special election would serve the remainder of the vacated term.
“So it would be a direct voice of the people determining how the vacancy is filled,” said Republican Senate President Robert Stivers while presenting House Bill 622 to the chamber.
House Majority Floor Leader Steven Rudy, who sponsored the bill, also said that deciding who fills an empty seat should be a right of the people and not a power of the governor.
"I just think the people want to decide who the United States senator is should we have a vacancy," Rudy said, per The Courier-Journal.
HB 622 states:Whereas it is critically important to safeguard the fundamental right to vote, and it is a reasonable legislative task to ensure the citizens of the Commonwealth can elect their United States Senator in the event of a vacancy, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Governor Andy Beshear will now decide the bill’s fate as his signature decides if it becomes law. The Democrat has signaled he does not support changing the current policy, which allows the governor to appoint someone to fill a vacancy without restriction. Beshear has argued the bill is politically motivated.
"If we are just dominated by trying to create a result of what letter someone would have behind their name if appointed, then we are not performing or engaging in good government," said the governor in February, per Fox News. "Last November, people said ‘knock it off. We are tired of the rank partisanship, and we don’t want a candidate or a General Assembly that just sees "Team R" or "Team D," or red or blue.’"
However, should Beshear elect to veto the bill, Republicans have a supermajority in the legislature and could opt to override the governor’s block.
Kentucky Senator Mitch McConnell announced on Feb. 28 that he will step down from Senate leadership at the end of his current term. The 82-year-old is the longest-serving Senate leader in the nation’s history, having served nine leadership terms since 2006. He was first elected to the U.S. Senate in 1985. His current term ends in January of 2027.
