WASHINGTON — Kentucky’s Republican-led legislature passed a bill last week that would take away the governor’s limited appointment power to fill U.S. Senate vacancies.

What You Need To Know

  • Lawmakers have passed a bill that would change how Kentucky fills U.S. Senate vacancies

  • It's not clear if Gov. Andy Beshear, D-Ky., will veto the measure, but Republicans could override a veto 

  • Under current law, the governor can appoint an interim senator from a list of three candidates provided by the outgoing senator’s political party

  • In February, Beshear called the new bill "problematic, if not unconstitutional" 

It's likely to become law even if Gov. Andy Beshear, D-Ky., vetoes it, as Republicans could override a veto. 

Under the current law, the governor can appoint an interim senator from a list of three candidates provided by the outgoing senator’s political party.

The new legislation, now on Beshear’s desk, would take the governor out of the process entirely and require any vacancy be filled by special election.  

Republican Secretary of State Michael Adams said he supports the bill.

“It simply repeals the existing appointment statute, and it simply defaults to the same process that there is if there is a vacancy in the U.S. House or a vacancy in the legislature,” Adams said. “My job, the county clerk's job, is to get ready for an election and then it happens within about eight weeks, and each of the two parties’ executive committees then nominates a candidate.”

In February, Beshear described the bill as “problematic, if not unconstitutional.”

“It's just another cynical approach where it's solely about what party you're in and who's in what position, a law that they would immediately roll back if someone else came in,” Beshear said. “Good policy can't be red or blue and dependent on that.”

Three years ago, after Beshear became governor, the legislature ended the governor’s independent power to temporarily fill a Senate seat, creating the current system. That would end with the new legislation.

It’s not clear if Beshear plans to veto the bill. He has previously challenged other legislation involving his authority.

“In previous occasions, when his powers have been altered by the legislature, he's not followed the law,” Adams said. “He's sued to overturn the law. And so I think this has more to do with what the legislators think the governor would do with an appointment, whether he'd follow the law or not.”

The bill sponsor, House Majority Floor Leader Steven Rudy, R-Paducah, said the legislation has nothing to do with the health of the state’s senior senator, Minority Leader Mitch McConnell, 82. However, it was passed after McConnell suffered a series of health scares and announced Feb. 28 he would step down from Senate leadership at the end of the year.

Rudy previously filed similar legislation in 2021.

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