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Kentucky GOP lawmakers remove Democratic governor's role in filling US Senate vacancies

The legislation calls for a special election to fill any Senate vacancy from the Bluegrass State.

FRANKFORT, Ky. — Republican lawmakers in Kentucky on Friday removed the Democratic governor from any role filling future U.S. Senate vacancies — a move supporters said was unrelated to recent scrutiny about the health of the state's senior senator, Republican leader Mitch McConnell.

The GOP supermajority Legislature easily overrode Gov. Andy Beshear's veto of the measure. The legislation calls for a special election to fill any Senate vacancy from the Bluegrass State. The special election winner would hold the seat for the remainder of the unexpired term.

“The people should decide who a United States senator is by election always,” House Majority Floor Leader Steven Rudy, a Republican and the bill's lead sponsor, said during a brief House debate Friday.

The Senate succession bill moved through the Legislature at a time of pending transition for the 82-year-old McConnell. In February, the venerable Kentucky senator announced he will step down from his longtime Senate leadership position in November.

RELATED: McConnell, back in Kentucky, talks about life in the Senate after leaving longtime leadership post

Aides said McConnell’s announcement was unrelated to his health. The senator had a concussion from a fall last year and two public episodes where his face briefly froze while he was speaking.

How a Senate vacancy is filled carries greater importance at a time when the Senate is closely divided along partisan lines. In 2021, GOP lawmakers in Kentucky ended the governor's independent power to appoint a successor. Now they've completely cut the governor out of filling a vacancy.

Credit: (AP Photo/Timothy D. Easley, File)
Senate Minority Leader Mitch McConnell, R-Ky., gives remarks during a presentation at the University of Louisville. Tuesday, April 2, 2024.

The Senate succession bill was among a cluster of measures rejected by the governor. Republican lawmakers spent much of Friday overriding those vetoes.

They swept aside the veto of a criminal justice bill that would impose harsher sentences for a range of crimes. Beshear said it would saddle the state with sharply higher incarceration costs and criminalize homelessness by creating an “unlawful camping” offense.

Lawmakers also overrode the veto of a measure promoting nuclear energy in coal-producing Kentucky.

RELATED: Kentucky governor vetoes nuclear energy legislation due to the method of selecting board members

Beshear said he supports an “all-of-the-above” energy policy that includes nuclear energy, but objected to how members would be selected to an advisory board assigned to nurture nuclear power development. Many of them would be designated by private sector groups, bypassing the appointment authority of the governor or other state constitutional officers, Beshear said.

On the Senate succession bill, McConnell spoke favorably about it during a recent radio interview in Louisville, calling it a good idea that would let voters decide on the successor if a vacancy ever occurred.

McConnell says he will serve out his seventh Senate term, adding in the same interview on WHAS-AM: “I don’t know how many times I can say that. But that’s exactly what I’m going to do.” He offered no hints whether he will seek reelection in 2026, but McConnell has continued raising campaign funds for himself.

Rudy previously said the legislation has nothing to do with McConnell but instead reflects his policy stance on how an empty Senate seat should be filled.

Rudy has said he’s talked about changing the way a Senate vacancy is filled for more than a decade, since the conviction of former Illinois Gov. Rod Blagojevich for crimes that included seeking to sell an appointment to Barack Obama’s old Senate seat. Rudy’s district in far western Kentucky borders Illinois.

Beshear, who won reelection last year over a McConnell protege, noted that lawmakers had changed their mind for the second time in recent years on how to fill a Senate vacancy.

“Prior to these maneuvers, the same system had been in place since 1942,” Beshear said in his veto message. “This administration deserves the same authority as previous administrations.”

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