Posted on 03/30/2024 8:54:27 AM PDT by RandFan
The Kentucky Senate sent a bill to Gov. Andy Beshear (D) Thursday that would strip him of his power to appoint people to the U.S. Senate.
The bill seeks to hold special elections for Senate vacancies in Kentucky, according to The Associated Press. The legislation’s passage through the state Senate follows the late February announcement that Sen. Mitch McConnell (R-Ky.), 82, would step down from his position as Senate Minority Leader at the end of the year.
Republican state House Majority Floor Leader Steven Rudy, the bill’s main sponsor, has said the legislation doesn’t have to do with McConnell, but rather his position on how a vacant Senate seat should be filled, per the AP.
The Kentucky state Senate sent the bill to Beshear in a 34-3 vote, according to the AP. Beshear, a Democratic governor in a deeply red state, has pushed back against the bill as having a background in partisanship.
In his speech announcing his decision to leave his leadership position last month, McConnell said he is “not going anywhere any time soon.”
(Excerpt) Read more at thehill.com ...
I don’t think this is constitutional.
“Beshear, a Democratic governor in a deeply red state...”
Hate it when that happens.
“I don’t think this is constitutional”
Funny how that’s only an issue when Republicans are involved
Thirteen states require special election for US Senate vacancies.
Constitution, 17th Amendment:
“When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.”
Why not? This is exactly how other states do it.
This is the second item of legislation pointed at the risks in Kentucky.
The first required the Governor to appoint a new Senator to serve out a term and that Senator appointed must be from the same party as the one departing.
That bill was vetoed and the veto was over-ridden, as I recall. The presumption was that should the matter arise with McConnell, the governor would appoint a Democrat, that Democrat would go to Washington and be sworn in, the GOP would sue and ask for an injunction during the legal process. The Senate’s rules are not subject to one state’s courts. So the Kentucky courts would grind away about the matter, probably not completing rulings until the next election was held. So for X months, that seat would be Democrat.
This is part 2 of the matter.
So this bill is part 2 of this exercise
The 17th amendment gives the legislature the power to set special elections.
This issue was dealt with a year ago. Anyone here remember? Besher promised to appoint a democrat should the turtle not finish his term. Now it would go to court. How much democrat representation would they have while waiting for the courts to settle the issue in our favor-that is if they do that?
This could have been settled by the republicans voters if they just carried Cameron into the governorship last November. It’s not just the party that’s stupid.
17th amendment allows state legislatures to enable the governor to appoint until a special election can be held. Legislature can also set the rules for appointment.
Totally constitutional.
Last year’s dispute was whether the legislature could require the governor to appoint a senator from the same party as the outgoing senator. This law supercedes that questionable law, which could have faced legal challenge.
I think it’s better for the state legislature to decide the issue and then Governor signs off on what the legislature determined.
It helps cut down the possibility of political favours, I think.
Thank you, jjotto.
Way too many folks do not know the States Rights.
It was given up by the state legislature because at the time they were cowardly and looking for easy ways to get power.
“Beshear, a Democratic governor in a deeply red state...”
_________________________________________________
It must not be that “red” if a Dem governor is in charge.
Kentucky has a very, very bad habit of electing Democrats as Governors.
Matt Bevin (the last Pubbie) was good on most issues but the Legislature had a way of looking like they were trying to pull “fast ones”* (particularly on the Teachers’ pensions issue[s]) and Bevin got plopped with most of the rotten eggs being thrown, even though he was not responsible for the procedural mischief. Plus he’s just not the type to appeal to the soccer mom’s, and his 2nd term opponent (and current gov.) Andy Beshear, is. Then when Beshear was up for re-election, Daniel Cameron’s campaign, from what I saw of it, stunk it up.
Further back, Republican Ernie Fltcher was a decent administrator in his 1st term, but got caught up in underlings’ hiring practices corruption. Down went Ernie.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.