Kentucky Senate Passes Bill on U.S. Senate Vacancies

On March 2, the Kentucky Senate passed SB 228. It changes procedures for U.S. Senate vacancies. Under current laws, as in most states, if a U.S. Senate seat becomes vacant, the Governor appoints a replacement who serves until the next regularly-scheduled congressional election. The bill changes this, so the Governor can only appoint one of three names suggested by the political party that had held the seat before the vacancy occurred. However, that would be followed by a special election that would occur sooner than under current law. Here is the text. If the vacancy was created by the death or resignation of a U.S. Senator who wasn’t a member of a qualified party, then the Governor would be free to appoint anyone.

Press reports say that U.S. Senator Mitch McConnell, who was re-elected in 2020, is considering retiring before the 2022 election, and Kentucky has a Democratic Governor, so under current law, if McConnell retired in 2021, the Democratic Governor would probably appoint a Democrat to fill his seat until the 2022 election.

There is another bill, HB 400, which is much simpler, and which says if there is a U.S. Senate vacancy, a special election would be called very quickly. But that bill is not moving along.


Comments

Kentucky Senate Passes Bill on U.S. Senate Vacancies — 12 Comments

  1. I wonder if this is constitutional. The 17th amendment is a little vague about this.

  2. I have heard some conservatives express the sentiment that the 17th Amendment be repealed. IMO, it is not necessary for it to be repealed in order to empower the legislature to have a greater say in the election of US Senators. The 17th itself provides each legislature with a certain amount of power in choosing how a popular election is to be conducted.

    For instance, when a vacancy occurs, it could be possible for the legislature itself to nominate Senatorial candidates to be voted on by the people.

    Also, this practice could be used in a regular election, if the legislature grants itself the power to make direct nominations, in addition to nominations made by parties, whether by primaries or conventions.

  3. The gerrymander HACKS will try to rig ALL elections —

    to get rigged RESULTS of which hacks have the POWER to CONTROL the commie/fascist statist laws in each regime.
    —–
    END tyranny in the USA

    PR and APPV
    TOTSOP

  4. It depends on what “as the legislature may direct” modifies.

    Does it modify “empower the executive thereof to make appointments”? The legislature already has time, manner, place authority over senate elections. The process of a governor issuing writs of election is controlled by statute.

    @WZ,

    Congress may modify how an election for Senators is conducted. They had that power when Senators were elected by the legislature, and retained it when the electorate was switched to the people. The reason Congress does not have place authority, is that they did not want Congress to dictate the meeting place of the legislature for Senate election. But they could dictate how and when.

  5. what “as the legislature may direct” modifies

    — obviously the date the People fill the vacancy before a regular full term election for the office.

    — esp if vacancy happens in 6-8 months before 2/4 even year elections.
    —-
    Candidate/incumbent replacement lists = NOOO hack appointments / special elections

  6. Abolish the 6-6-6 USA minority rule Senate –

    filled with blowhard HACKS from below average small pop States.

    — esp due to olde GOP creating low pop States during/after Civil WAR I

    — TO TRY AND HAVE PERMANENT CONTROL OF USA SENATE.
    —–
    PR AND APPV
    TOTSOP

  7. @JR

    IMO, as long as the final selection is by popular vote, the requirements of the 17th are fulfilled. Legislatures have power now to determine how candidates are nominated, for all offices. There doesn’t seem to be any prohibition on legislatures making nominations themselves, provided that nominations by other means are available as well.

  8. The 17th Amendment STILL allows the legislature to specify how US Senate elections are to be conducted. A state could hold its own sort of electoral college saying that their US Senate winners are those who win the most state legislative districts, with ties being broken by the governor.

  9. In fact, before the convention system came into general use around 1830, state legislative party caucuses made nominations for other offices.

  10. USA Senate – one more totally rotted semi-permanent ANTI-Democracy minority rule gerrymander system —

    to be abolished– like divine right of kings and slavery.

  11. Without the US Senate, the country would fall apart. Especially now with such deep regional divisions. Yes, geography does vote.

  12. WZ–

    1776-1784 USA — formed by having the rotted Brit Empire split up.

    1781-1789 Art Confed — rotted — split up via 1787 USA Const.

    Coming too soon — the 666 ONE nation-state in entire world ???

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