As the constitutional and legal conditions stand today, that is so, barring a reinterpretation of Senate Rules to make permanent/longterm incapacitation a cause for expulsion.
Isn’t she also on Trump’s enemies list after she jumped ship after Jan. 6? Without the protection of being married to a sitting senator, she may be in line for the Bolton treatment.
What are the rules in Kentucky for a Senatorial death? I believe I read that the governor would choose from three names given to him by the party of the dead Senator. But if he dies greater than X number of days from the election, could they add a special election to replace him to the November ballot? If so, what is X?
It would be sweet justice if Beshear could run out the clock on that a la the Merrick Garland nomination.
See above in the thread. The law was changed a few years ago. A special election is held to select the replacement.
My guess? She heard talk of euthanasia, said “I’ll check”, and hopped a plane to China.
So there’s no incentive to hide or delay his death, there will be a special election regardless?
Someone has to schedule a special election. Is that the governor?
FWIW (and I think this is still P&E-appropriate), it seems Ms. Chao had a previously scheduled ‘diplomatic mission’ to China:
Make of that what you will ![]()
It sounds like Beshear could delay an election until November. - “In Kentucky, if a U.S. Senator dies in office, the Governor issues a writ of election to schedule a special election. The special election must be announced no fewer than 80 days and no more than 150 days after the vacancy occurs.” That’s five months!
On whose behalf? Did Trump actually give her a job? I guess that’s why ‘diplomatic mission’ is in quotes.
Only until Aug 3rd, after that they just wait for November.
One of you says 150 days, the other says 90 days. Have you found cites for either? I haven’t been able to find anything.
Or more. The clock doesn’t start until he actually dies.
I regretfully remind Dopers that in spite of having a Democratic governor, Kentucky overall remains a red state with no realistic prospect of electing a Democratic Senator in November or in a special election. Even if a wild card like Massie could win a special election, there’s little he could do in a few months’ time but embarrass Trump a bit more than he already has been.
Nothing besides this tweet from Adam Cochran. To be honest i have no idea who he is or if this is true.
Their fear is Thomas Massie running. Which would be best case scenario for that seat.
I’m unclear on who is helped or hurt by these scenarios. Is a special election versus waiting until November an advantage to either party?
Seems to me that the simplest explanation is the most likely. His wife has business to conclude oversees and they’ll wait until she’s back to say her goodbyes to pull the plug.
Of course, when the source of information that he’s brain dead is Laura Loomer, all bets are off.
This looks to be actual text of the law, hosted on the Kentucky legislature’s web site:
If a vacancy occurs less than three (3) months before the regular election in any year in which any regular election is held in this state, but no regular election is scheduled in the succeeding year, or if a vacancy occurs during any year in which no regular election is scheduled, the Governor shall issue a writ of election. The writ of election shall:
(a) Be signed by the Governor;
(b) Be issued within thirty (30) days of the occurrence of the vacancy;
(c) Set the date of the special election which shall be held no sooner than sixty (60) days, and no later than ninety (90) days, following the issuance of the writ; and
(d) Be directed to the sheriffs as required under Section 2 of this Act.
So, assuming there is a “vacancy”, the election writ has to be issued within 30 days. And the writ will set an election date 60-90 days after the date of the writ.
That means that the earliest an election can be held would be 60 days afterward (if the writ was issued immediately) and the latest it could be held would be 120 days afterward (the writ issued 30 days after the vacancy and election scheduled 90 days after the writ).
Bottom line, if McConnell was to be confirmed deceased or braindead or whatever qualifies for his seat to be “vacant” today, the special election could be held September 5 at the earliest, and November 4 at the latest (if my math is right).