Under a never-before-tested Kentucky law, Monday could be the last chance to call a special election before the midterms to fill the seat widely believed to have been effectively left vacant by Sen. Mitch McConnell (R-KY) for more than a month.
As an apparent insurance policy for this exact situation, Kentucky Republicans passed a law in 2024 preventing Democratic Kentucky Gov. Andy Beshear from recruiting an interim senator to fill a vacant seat — as happens in most states. Instead, it requires a special election if the vacancy comes at least three months before the upcoming election.
If it comes less than three months before, it will remain vacant until the scheduled vote.
The midterm election is on November 3 — exactly three months from today.
That means Beshear would need to call a special election by the end of Monday if he intended to fill McConnell's U.S. Senate seat that's been the center of controversy since mid-June when he fell unconscious at his home and was subsequently hospitalized.
He hasn’t returned to Congress since then, nor been seen — though some colleagues claimed to have spoken him. Beshear's demands to be given proof the the seat is not empty have not been successful.
Beshear called on McConnell to verbally address the American people to prove his ability to continue serving until his term expires in January, when he plans to retire.
McConnell’s congressional office has provided scant updates on the senator, prompting rampant speculation about the 84 year old’s health.
If a special election is not called Monday, then it would not be challenged until the November election — even if it was announced that McConnell is unable to continue as Kentucky's representative. The November election would see Democrat Charles Booker face off against Republican Andy Barr.
“The people of Kentucky will not be represented, and this really is one piece of a larger pattern where elected leaders act like the rules that apply to everybody else don't apply to them,” Carol Evans, vice president of policy at democracy watchdog Common Cause, told Raw Story.
“Lack of transparency is a symptom, but the disease is really impunity. The question really is: Is he serving his constituents, or is he treating his office as something that he's owed? And I think that's a broader question that applies beyond Sen. McConnell.”
In 45 states, the governor fills a Senate vacancy with their appointment until a new senator is elected.
The 2024 law is the second time in five years Kentucky Republicans limited the appointment power of the state’s governor. A 2021 law required the outgoing senator's party to present three names for a potential successor.
Beshear has argued these limitations violate the 17th Amendment to the Constitution, which allows governors to appoint temporary replacements.
The new Kentucky law has never been put to the test, so it’s unclear how exactly it will play out with competing legal provisions and in the courts.
In an interview with Bloomberg, Beshear discussed the Monday deadline and the chances of a Democrat winning a special election, despite the solid-red rating of the state.
“There's an argument out there that that’s a date where I could not later call a special election,” Beshear said. “A lot of those that are pushing this are online and I think are under the impression that a Democrat in Kentucky might be able to win that election.”
McConnell and Beshear’s offices did not immediately respond to Raw Story’s questions.
