- Kentucky law no longer allows the governor to appoint an interim U.S. senator if a vacancy occurs.
- A 2024 law requires Senate vacancies to be filled through a special election instead.
- Kentucky is one of only four states that prohibit gubernatorial appointments to vacant U.S. Senate seats.
With longtime Kentucky Sen. Mitch McConnell, 84, hospitalized since June 14, there is renewed public attention to a Kentucky law outlining procedures for filling a Senate vacancy.
Despite McConnell previously announcing his intention to retire from the Senate at the end of his term, his hospitalization has raised questions about what would happen if he cannot complete the term.
The former Republican majority leader, one of the longest-serving senators in American history, has faced several health scares during his 40-year tenure, including an incident when he unexpectedly froze during a press conference in Covington in 2023.
Until 2024, Kentucky’s governor had the authority to fill a Senate vacancy. That changed with House Bill 622, which now requires a special election. Democratic Gov. Andy Beshear vetoed the legislation at the time, but the Kentucky General Assembly, overwhelmingly comprised of Republicans, overrode the veto.
Now, the governor cannot appoint someone to fill a potential vacancy should McConnell step down, even though that vacancy will only last until the newly elected senator’s term begins in January.
Complicating things even more: The election to fill that seat is scheduled for less than four months from now.
Under the new law, the governor’s only responsibility in the case of a senate vacancy is to sign a proclamation declaring a special election. The proclamation is then sent to a select group of county sheriffs who are required to publish a notice 56 days before the election. Potential candidates would have 49 days to file.
The winning candidate would hold the seat for the remainder of the expired term.
Northern Kentucky University Professor Shauna Reilly told LINK nky media partner WCPO that if a vacancy occurs, it would be the first time the 2024 law would be put to the test.
“This would be the first time we’re testing the law, if you will, so I think there are some pieces that are a little less clear in the law,” Reilly said.
Moreover, Reilly said the timing of the seat becoming vacant could conflict with the special election. If the election hypothetically happens around Aug. 3 or later, it would conflict with the midterms on Nov. 3. Currently, GOP Rep. Andy Barr and former Democratic State Rep. Charles Booker are running to succeed McConnell.
Kentucky is one of four states where the governor cannot appoint an interim senator, with Rhode Island, North Dakota and Wisconsin being the others.
Before House Bill 622’s passing, Kentucky state law allowed temporary gubernatorial appointments. Passed in 2021, the law allowed the sitting governor to appoint an interim senator from a list of three names selected by the departing senator’s political party.
House Bill 622 was introduced one day after McConnell announced he would step down as the Republican Party’s Senate Leader.
Generally, a sitting governor of the political party has an incentive to nominate an interim senator of that same party, as that legislator has the votes on legislation, judicial nominations, cabinet appointments and other key matters immediately upon taking office. This can be especially consequential if the Senate is closely divided.
Furthermore, an interim senator could also gain an incumbent advantage if they decide to run for the seat in the future, as they would have greater name recognition, fundraising ability and an existing public record in office.
In 2023, a similar situation played out in California.
Democratic Gov. Gavin Newsom appointed political action committee president Laphonza Butler to fill a Senate vacancy after the death of Sen. Dianne Feinstein. Prior to Butler’s appointment, Feinstein, 90, was among the oldest senators in the body politic. Upon Feinstein’s death, California law required Newsom, the governor, to select her replacement.
Butler served as California’s interim senator from October 2023 to December 2024, resigning and being replaced by Rep. Adam Schiff, who was elected to complete Feinstein’s remaining term and to a new Senate term beginning in January 2025.
This could give Kentuckians an idea of what things might end up looking like here in 2026 and early 2027.
On July 2, the Kentucky Lantern reported that Booker had commented on McConnell’s ongoing hospitalization and capacity to serve, heating up calls for greater transparency regarding the senator’s health.
“Kentuckians of every stripe, from lifelong Republicans and Democrats to first-time voters, deserve a clear and honest answer about their senator’s condition,” Booker said. “This seat carries too much responsibility, and represents too many people, for anything less than real accountability. He, like every American, deserves great healthcare and transparent leadership.”
In addition, Beshear sent a letter to McConnell’s office on July 8 requesting an update on the senator’s health and well-being.
Despite the questions about McConnell’s health, several prominent Republicans have said they’ve spoken with the senator in recent days. Current GOP Senate Majority Leader John Thune of South Dakota said he “had a lengthy and substantive conversation that covered a variety of topics,” according to Scripps News.
In a post to X made on July 7, CNN Senior Political Commentator Scott Jennings–a Kentuckian and GOP operative–said he spoke with McConnell for “just shy of 20 minutes.”
