On April 12, lawmakers in the Republican-controlled Kentucky Legislature overrode Gov. Andy Beshear’s (D) veto of House Bill 622. The bill amends Kentucky law “to require the Governor to sign a proclamation for an election to fill a vacancy in the office of United States Senator” and “extend the term of the candidate who wins special election to the remainder of the term.” The bill was effective immediately. Before the change, the governor had the authority to fill U.S. Senate vacancies via appointment.
House Majority Floor Leader Steven Rudy (R) said, “This, I think, is truly what the people want and expect should there be a vacancy in their United States senator. If there’s a vacancy, the people should be able to select their U.S. senator.”
In his veto statement, Beshear said, “In House Bill 622, the General Assembly changes its mind for the second time in three years on how vacancies in the United States Senate are filled. Prior to these maneuvers, the same system had been in place since 1942. This administration deserves the same authority as previous administrations.”
In the state House, the override vote was 81-17, with two not voting. Two Democrats voted with Republicans, while one did not vote. In the state Senate, the override vote was 29-5, with four not voting. Two Democrats voted with Republicans.
In 36 states, vacancies are temporarily filled by gubernatorial appointment. A special election is then held coinciding with the next regularly scheduled election to replace the appointee. In the remaining 14 states, a special election is required within a certain time frame to fill the vacancy. Of those 14 states, eight allow for an interim gubernatorial appointment.
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