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LisaL
(48,279 posts)KY took that power away from him.
Chasstev365
(8,527 posts)onenote
(46,479 posts)As is the case in 9 or 10 states, including blue states Maryland and Hawaii, when a vacancy occurs in the state's US Senate seat, the governor is required to fill the vacancy with someone from the same political party as the person who held the office before it became vacant.
Specifically, the prior law -- now repealed -- stated as follows:
The appointee shall be selected from a list of three (3) names submitted by the state executive committee of the same political party as the Senator who held the vacant seat to be filled, shall have been continuously registered as a member of that political party since December 31 of the preceding year, and shall be named within twenty-one (21) days from the date of the list submission
mr715
(5,094 posts)The power to appoint is invested in the governor by the state constitution, so he can claim the law violates the constitution of Kentucky.
orleans
(37,599 posts)this pdf describes the offices the gov can appoint; it says state office but mcconnell was federal
https://apps.legislature.ky.gov/Law/Constitution/Constitution/ViewConstitution?rsn=173
pat_k
(14,759 posts)That is, all residents of the state are eligible to vote, not a subset.
onenote
(46,479 posts)But under the US Constitution, vacancies in the US house -- a district office-- can only be filled by special election. To avoid that problem, the KY courts very likely would interpret the KY constitution consistently as applying only to state offices, whether "at large" or "district."
pat_k
(14,759 posts)State constitution states that state-at-large offices or large districts "shall be filled by appointment of the Governor"
McConnell's vacancy is the first opportunity to do this.
They are delaying the inevitable challenge for reasons that are not clear.
LisaL
(48,279 posts)So not sure what his vacancy would do with this.
pat_k
(14,759 posts)It is a federal seat elected by state residents "at large" -- i.e., all of them., not a subset.
onenote
(46,479 posts)A court very likely would construe the KY constitution as applying only to state offices, whether at large or district. Why? Because there is no question that the KY constitution, if interpreted to apply to federal offices, would run afoul of the US constitution with respect to "districts."
pat_k
(14,759 posts)I don't think the outcome is clear at all.
And it seems to me the Republican Party isn't particularly confident in victory or they wouldn't be trying to run out the clock with a brain-dead senator to weaken the challenge based on proximity to the election.
onenote
(46,479 posts)Because there can be no question about that. So the question is whether, when the KY Constitution purports to give the governor authority to fill, via appointment state-at-large and district offices, that it somehow meant the reference to state-at-large to include the US Senate, but did not intend for the reference to state districts to refer to US House vacancies.
I think that is a very tough case to win.
pat_k
(14,759 posts)... or until close enough to the election to make the challenge a loser on proximity to the election, without getting to the larger questions, we won't be finding out anytime soon.
RedWhiteBlueIsRacist
(2,480 posts)And then say, it's just a crowd of tourists wanting to see how well ol' Mitch is doing!
krawhitham
(5,131 posts)He doesn't have legal authority to do so. Now I realize that technically speaking that's only one flaw but I thought that it was such a big one that it was worth mentioning twice.
https://apps.legislature.ky.gov/record/24rs/hb622.html
Summary of Enacted Version
Repeals KRS 63.200, which requires the Governor to fill vacancies in the office of United States Senator; amends KRS 118.720 to require that the Governor sign a proclamation for an election to fill a vacancy in the office of United States Senator and to extend the term of the candidate who wins special election to the remainder of the term; and amends KRS 118.740 and 118.770 to conform; EMERGENCY.
pat_k
(14,759 posts)State constitution states that state-at-large offices or large districts "shall be filled by appointment of the Governor"
McConnell's vacancy is the first opportunity to challenge the law.
They are delaying the inevitable challenge for reasons that are not clear.
Boo1
(780 posts)And being upset that they don't.
You can't appoint somebody to a seat that is already filled. Even if McConnell is being kept alive by machines, he is still alive and his seat if filled. There is not a mechanism to replace a congressman due to incapacitated other than a regular election. The seat opens on term, resignation, expulsion, or death. Nothing else.
And even if McConnell were replaced with a Democrat today it would change nothing about the calculus in the chamber. Republicans would still hold the majority with the exact number of votes they have available with his laying in a hospital bed. Republicans are already down a vote.
For them it would be better to have him die and tey to force a replacement picked by KY legislature. They have nothing to lose in that fight, as described, and a good chance to pick up a maga vote in his place.
harumph
(3,633 posts)And republicans somehow manage to do shit all the time that isn't "lawful."
Wanderlust988
(812 posts)This is not Texas and Florida. They've been ruling against the GOP for a while now, especially on them taking powers away from Beshear. It's not a liberal court, but it's moderate for sure. That's why Mitch is not taking any chances.