Senators and More Soccer

mitch mcconnel

Senator Mitch McConnell has been hospitalized for three weeks now and his team has not given comment on the reason why. Earlier this week, Senate GOP members claim they have spoken with McConnell. Since then, some commentators and journalists are speculating on whether McConnell is brain dead and will be returning to the senate.

All of this is a concern because

There’s speculation over whether Republicans are trying to avoid a quick special election, as is required under Kentucky law, that could open the door for Representative Thomas Massie, a Trump critic, to run for the seat.

— From The New Republic news site

This topic got me researching something I had never considered; what happens when a senator dies in office? I have always known that there is a deep line of succession (18 positions) for the President’s charge. I suppose my understanding of the presidential office bled over into my understanding of senators and representatives. Turns out, senators have a completely different process.

The U.S. Constitution’s 17th Amendment gives the states the right to decide how they handle a senate vacancy. The states have settled on three main strategies:

1. Governor Appointment
2. Special Elections
3. Hybrid Appointment and Elections

In 35 states, the governor can immediately appoint a temporary senator, who serves in that office until the next regular statewide election. This, of course, gives the governor more power in these states.

There are 4 states where the governor is not trusted with this power. These states require voters to choose a replacement with an expedited special election ASAP. This can often take months and the senate seat lies vacant, temporarily weakening the state’s representation in Congress. McConnell’s state of Kentucky, is one of these 4 states that don’t allow a temporary appointment.

The other 11 states use a hybrid approach, where the governor appoints an interim senator to serve until a special election can be organized and held.

Note that these rules are only for the Senate, which, as the upper house, is supposed to be the more constant, even-tempered house. In the House of Representatives, which is strictly the People’s house, the Constitution explicitly says that new representatives must be elected. No executive is to ever be able to appoint a House representative. As the Virginians say, “Sic Semper Tyrannis” (Thus Always to Tyrants) !

How long will they allow McConnell to be hospitalized before requiring a statement from his office? In the meantime, all the best to his team and family.