Kentucky Republicans Strip Governor's Power to Fill U.S. Senate Vacancies, Override Vetoes

In a significant move, Republican lawmakers in Kentucky have removed the Democratic governor from any role in filling future U.S. Senate vacancies. This decision was made independent of the recent scrutiny surrounding the health of the state's senior senator, Republican leader Mitch McConnell.

The GOP supermajority Legislature easily overrode Gov. Andy Beshear's veto of the measure. The legislation entails a special election to fill any Senate vacancy from Kentucky, with the special election winner holding the seat for the remainder of the unexpired term.

"The people should decide who a United States senator is by election always," stated House Majority Floor Leader Steven Rudy, a Republican and the bill's lead sponsor, during a brief House debate on Friday.

Transition for Senator McConnell

The Senate succession bill gained traction at a time of pending transition for the 82-year-old McConnell, who announced in February that he would step down from his longtime Senate leadership position in November.

Aides have clarified that McConnell's announcement was not related to his health, despite the senator having experienced a concussion from a fall last year and two public episodes where his face briefly froze while speaking.

Impact of Senate Vacancy Filling

The method of filling a Senate vacancy holds significant weight, especially with the Senate closely divided along partisan lines. In 2021, GOP lawmakers in Kentucky revoked the governor's independent power to appoint a successor. Now, they have completely excluded the governor from filling a vacancy.

Lawmakers spent much of Friday April 12th, overriding the vetoes of several measures, including a criminal justice bill imposing harsher sentences for a range of crimes. Additionally, a measure promoting nuclear energy in coal-producing Kentucky was also pushed through the veto.

McConnell's View and Future Intentions

McConnell expressed support for the Senate succession bill during a recent radio interview in Louisville, emphasizing that it would enable voters to decide on a successor should a vacancy occur. The senator also affirmed his commitment to serving out his seventh Senate term and addressed speculation about seeking reelection in 2026, stating, "I don't know how many times I can say that. But that's exactly what I'm going to do."

House Majority Floor Leader Steven Rudy clarified that the legislation was not associated with McConnell, but rather reflects his policy stance on how an empty Senate seat should be filled. Rudy highlighted that the idea for this legislative change stemmed from discussions dating back over a decade.

Governor's Response

Gov. Andy Beshear, who won reelection last year, pointed out that the decision to change the method of filling a Senate vacancy for the second time in recent years marks a departure from the system in place since 1942. In his veto message, Beshear emphasized that his administration deserves the same authority as previous administrations.

The criminal justice bill, supported by GOP lawmakers with their override vote, would result in a multitude of changes to the state's criminal code, including enhancing penalties and creating new offenses. Notably, it introduces a "three-strikes" penalty that would lead to life imprisonment for felons after a third violent offense. Furthermore, the bill expands the list of violent crimes that require offenders to serve most of their sentences before becoming eligible for release.

Supporters of the bill argue that it represents a necessary policy shift, holding criminals more accountable and contributing to safer communities. However, opponents have raised concerns about the potential significant increase in expenditures primarily due to escalated incarceration costs, without guaranteeing a reduction in crime.

The fiscal note attached to the legislation indicated that the overall financial impact was "indeterminable" but would likely lead to a "significant increase in expenditures primarily due to increased incarceration costs."