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McConnell hospitalization could test Kentucky Senate vacancy law

Washington Examiner · back to the audit

Sen. Mitch McConnell's (R-KY) extended hospitalization is drawing new attention to an unresolved legal question in Kentucky that could trigger a high-stakes court battle if the longtime Republican senator were unable to complete his term.
University of Kentucky political scientist Stephen Voss told the Washington Examiner that the situation is unfolding against the backdrop of years of legal disputes over executive authority in Kentucky, where Republican lawmakers and Gov. Andy Beshear (D-KY) have repeatedly clashed over the scope of gubernatorial powers.
"One thing people probably don't understand is that the U.S. Constitution does not specify how to fill Senate vacancies," Voss said. "Filling Senate vacancies was given to the states."
The renewed focus on how Kentucky handles Senate replacements stems from House Bill 622, a 2024 law that repealed Kentucky's long-standing practice of allowing the governor to appoint an interim U.S. senator. Instead, the law requires vacancies to be filled through a special election, with the governor's role limited to issuing a proclamation calling that election.