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.
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