No. Kentucky law specifically says Beshear cannot appoint a replacement. But he can call a special election, which might have different candidates than the general election for his seat in November. The August 3 date is floating around as the deadline after which Beshear can’t call that election.
From what I understood, there are opposing laws in conflict with one another, one stating Beshear can appoint a replacement directly, and one stating he cannot. What he could do is go forward with an appointment, but then he will be caught up in legal proceedings anyway until the litigation on which law is binding can be made. So it will be a bit of a stalemate anyway.
I am likely to be incorrect in my understanding, but I remember reading that somewhere.
I think the state house passed the special election law, but didn’t change the constitution, which still says ‘appointment by governor’ - maybe for “state offices” though?
This is part of it. Constitutionally, the governor can only appoint for state offices, but there was historical precedent for the governor to appoint federal offices. And you are right that the state had passed some laws requiring a special election, but it also had some crazy length like 56-days required between the call and the election taking place to let all counties be notified. (As best I can remember reading. It’s all a bit of a mess.)
The more annoying thing is the two rulebooks. McConnell has tended to make up his own rules (and justify them with legalese) and ignore the ones he doesn’t like. Beshear is trying to play by the rules, and not recognizing the actual power shifts that have happened. And so, here we sit in sending-angry-letter mode for the time being.
Note that when it’s discussing appointments versus elections, it’s specifically talking about “city, town, county, district or State officers”.
When we get toward the end (not having mentioned the US House or the US Senate):
Vacancies in all offices for the State at large, or for districts larger than a county, shall be filled by appointment of the Governor; all other appointments shall be made as may be prescribed by law.
This leaves the KGA complete leeway to prescribe how replacements are appointed to the House and Senate, including holding an election first, functionally reducing the appointment to one choice.
Edit: And in case you think “offices for the State at large” is ambiguous enough to include the US House and US Senate, please see sections 69 to 96 of the Kentucky Constitution.
I thought Kentucky law said Beshear could appoint a replacement. And that’s why the GOPers are dragging their heels till August 3.
No. Kentucky law specifically says Beshear cannot appoint a replacement. But he can call a special election, which might have different candidates than the general election for his seat in November. The August 3 date is floating around as the deadline after which Beshear can’t call that election.
From what I understood, there are opposing laws in conflict with one another, one stating Beshear can appoint a replacement directly, and one stating he cannot. What he could do is go forward with an appointment, but then he will be caught up in legal proceedings anyway until the litigation on which law is binding can be made. So it will be a bit of a stalemate anyway.
I am likely to be incorrect in my understanding, but I remember reading that somewhere.
I think the state house passed the special election law, but didn’t change the constitution, which still says ‘appointment by governor’ - maybe for “state offices” though?
This is part of it. Constitutionally, the governor can only appoint for state offices, but there was historical precedent for the governor to appoint federal offices. And you are right that the state had passed some laws requiring a special election, but it also had some crazy length like 56-days required between the call and the election taking place to let all counties be notified. (As best I can remember reading. It’s all a bit of a mess.)
https://www.lex18.com/news/state-of-the-commonwealth/kentucky-law-requires-special-election-to-fill-vacant-u-s-senate-seat-not-appointment
The more annoying thing is the two rulebooks. McConnell has tended to make up his own rules (and justify them with legalese) and ignore the ones he doesn’t like. Beshear is trying to play by the rules, and not recognizing the actual power shifts that have happened. And so, here we sit in sending-angry-letter mode for the time being.
Edit: Comment below has better details https://lemmy.world/comment/25004076
K
The Kentucky constitution says that. Which supersedes the law the Republicans rammed through, despite their lies to the contrary.
This is misinformed. This is what the Kentucky Constitution says.
Note that when it’s discussing appointments versus elections, it’s specifically talking about “city, town, county, district or State officers”.
When we get toward the end (not having mentioned the US House or the US Senate):
This leaves the KGA complete leeway to prescribe how replacements are appointed to the House and Senate, including holding an election first, functionally reducing the appointment to one choice.
Edit: And in case you think “offices for the State at large” is ambiguous enough to include the US House and US Senate, please see sections 69 to 96 of the Kentucky Constitution.