What would happen if Kentucky has a Senate vacancy? This bill would change the process

A Kentucky legislative leader has filed a bill that would strip Gov. Andy Beshear of the authority to fill a vacancy in the U.S. Senate and instead force him to call a special election if one of Kentucky’s senators dies or steps down.

House Majority Floor Leader Steven Rudy, R-Paducah, the sponsor of House Bill 622, said the people should have the power to decide who gets the seat, rather than the sitting governor.

"I just I think the people want to decide who the United States senator is should we have a vacancy," Rudy said.

Both of Kentucky's senators are Republican - Minority Leader Mitch McConnell and Rand Paul - and the Governor's Mansion is held by a Democrat, Andy Beshear.

State law previously allowed the sitting governor to make their own appointment to fill a Senate vacancy with no restrictions.

But a bill passed by the GOP-dominated state legislature in 2021 - with McConnell's urging - attempts to shift that power. Under that bill, the governor may only choose from three names recommended by the executive committee of the outgoing senator's state party, and must make that selection within 21 days of receiving the list from the party.

After a vacancy is filled, there would be a special election with an open and bipartisan process — often referred to as a "jungle primary" — allowing any candidate gaining 1,000 signatures to run. A candidate with more than 50% of the vote would win, but if no one wins a majority of the vote, the top two vote getters would go on to a runoff election in 70 days.

Beshear vetoed the 2021 bill, forcing the legislature to override him. But in his veto message, Beshear wrote that the changes violated provisions of both the federal and state constitutions on how U.S. Senate vacancies could be filled.

Since a vacancy has not occurred, that legality of that measure has not been tested.

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Rudy denied that this year's bill, HB 622, was filed over concerns about McConnell's health. The 82-year-old senator has had a few recent scares, including appearing to freeze up during a press conference in Kentucky last August. McConnell, who is serving his seventh term and up for reelection in 2026, has said he will finish out his term.

"I fully anticipate Mitch McConnell will continue to be my United States Senator," Rudy said.

Rather, he said, he was inspired to file the bill, which he also filed in 2021, because of accusations against former Illinois Gov. Rod Blagojevich of trying to sell former President Barack Obama's Senate seat when he left for the White House.

Reporter Rebecca Grapevine contributed to this report.Reach reporter Hannah Pinski at @hpinski@courier-journal.com or follow her on X, formerly known as Twitter, at @hannahpinski

This article originally appeared on Louisville Courier Journal: Kentucky Senate vacancy rules would change under HB 622