FRANKFORT, Ky. (LEX NEWS) — Kentucky has a plan if it suddenly loses a U.S. senator — but that plan has changed significantly in recent years, and questions remain about how it would work in practice.
The state updated its U.S. Senate succession law in 2024, eliminating the option for a temporary appointment and instead requiring the governor to call a special election if a seat becomes vacant. Until that election takes place, Kentucky would have only one sitting U.S. senator.
The change came after an earlier update in 2021 that shifted appointment power away from the governor. Under that version of the law, the former senator's party would submit a list of recommended candidates, and the governor would choose from that list. The 2024 revision went further, removing the appointment process entirely.
Rep. Steven Rudy, the Republican sponsor of the 2024 bill, said the decision is best left to voters.
"People want to elect their United States Senator and should we have a vacancy, I think, this is the preferred method and this is what the people of Kentucky would want," Rudy said at the time.
The law is drawing attention now because of Sen. Mitch McConnell's June 14 hospitalization.
Timing adds another layer of complexity to the situation. Kentucky is already scheduled to vote for a new senator on Nov. 3, as McConnell is retiring. If his seat were to become vacant within 56 days of that election, there would not be enough time to hold a special election under the current law.
There is also the question of potential legal action. Some constitutional experts say language in the state and U.S. Constitution may still give the governor the power to appoint a temporary successor, leaving significant uncertainty around what would actually happen if a Senate seat opened up.
McConnell's staff has provided limited information about his hospitalization but said he is improving.
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