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In a move that is right out of the hard political playbook of Mitch McConnell himself, the Democratic governor of Kentucky Andy Beshear is telegraphing that he has no intention of following a state law requiring him to name a Republican should the senator choose to resign.
For months in Kentucky, the political conversation has swirled around the possibility that Beshear, locked in a tight re-election race against Republican Attorney General Daniel Cameron, would follow the 2021 law requiring him to name a member of the same party to any congressional opening. The law, passed by the Republican legislature overriding Beshear’s veto, would stand in the way of the governor using the opportunity to temporarily name a Democrat to hold the seat — but there have already been signs that the governor considers this state requirement unconstitutional. The Washington Post reports:
The law, backed by McConnell, requires a governor to select within twenty-one days one of three nominees chosen by the state-level party apparatus of the departing senator. A special election must then be held to select a more permanent replacement. The timing would depend on when the vacancy occurred.
In his veto message, Beshear said the law violates the 17th Amendment of the US Constitution, which gives voters the right to directly cast ballots for senators, rather than state legislatures filling the seats. The amendment also says a state legislature can empower a governor to temporarily fill a vacancy until an election can be held.
In both his press conference last week and an interview with Politico, Beshear has now repeatedly declined to commit to following the law. Instead it seems clear he is inclined to appoint a Democrat instead, counting on Washington Democrats to seat his selection in a closely divided Senate, then fight the matter in the courts.
Flip the party allegiance of the various players — and this posture would be a top story on MSNBC, the latest example of Republican intransigence and defiance of law and order. But because Beshear is a Democrat, everything here is perfectly kosher. And it’s one more reason McConnell is likely to hang on in Washington, hoping to make it to next November — even if he freezes up along the way.
