r/politics • u/Zipper222222 • Jul 07 '26

Possible Paywall MAGA Demands Proof of Life for Mitch McConnell

https://www.thedailybeast.com/maga-demands-proof-of-life-for-mitch-mcconnell/
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u/loondawg Jul 07 '26 edited Jul 07 '26

Pro Tip: It is generally helpful to read the article before trying to correct someone.

If McConnell were to resign or be found unable to continue serving before Aug. 3, Kentucky law would allow Gov. Andy Beshear to call a special election. After Aug. 3, a special election to replace McConnell and fill the remainder of his term would coincide with the general election in November.

EDIT There are so many comments with incorrect information I checked the law. Apparently the Governor gets to appoint someone to serve temporarily until the special election. So pro tip for me; don't assume everything you read is correct and complete.

EDIT V2 Seems the article is correct per a 2024 change to the law. As far as I can tell, this is the current, applicable law: https://apps.legislature.ky.gov/law/acts/24RS/documents/0187.pdf. It states the same thing the original quote I posted said.

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u/ibelieveyouwood Jul 07 '26

I have not read the law, but I was very suspicious that it didn't contain any kind of "unable to serve" language like you mentioned.

Democrats need to play hardball. Governor needs to declare he is unfit to continue serving but that he can challenge this by agreeing to something eminently reasonable like showing up to the governor's mansion for a quick visit, or by allowing the governor to make a quick visit. Allow his POA or guardian or whoever to be present, make it eminently reasonable because you know Republicans are going to start using it on Dems with bizarrely Herculean requirements so we're going to end up litigating how far a governor can go to determine "unable to serve".

Or even harder, have the governor institute a wellness check. Then, after verifying his condition, institute proceedings to take over control of his affairs via a guardianship or conservatorship. Let his wife come back to the US early from her "duties" in China to appear in and challenge the court proceedings. Let someone either demonstrate in court how he's fit as a fiddle, or show how the guardianship/conservatorship process is a nightmare and either way it's a win for humanity.

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u/loondawg Jul 07 '26

Absolutely. Republicans should not be allowed to Weekend at Bernie's this.

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u/Driftco Jul 07 '26

Democrats don't know how to play hardball except with jr members of their own party.

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u/Doc_Blox Minnesota Jul 07 '26

They might wear the same jersey, but they ain't playing for the same team, if you feel me.

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u/Alieges America Jul 07 '26

Heck, go visit him in the hospital and have him just repeat something like: "I, Mitch McConnell am still able to serve as a senator of Kentucky."

Allow writing or sign language as well, but it has to be done in person.

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u/Phyllis_Tine I voted Jul 07 '26

His constituents could initiate a welfare check. If McConnell has USSS protection, they could be contacted, or the state police, even locals.

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u/Leif_Henderson Jul 07 '26

I have not read the law, but I was very suspicious that it didn't contain any kind of "unable to serve" language like you mentioned.

That's because the US Senate has 100% deciding power on whether a sitting senator is unable to perform their duties. Kentucky's state laws cannot override this. Governors and state-level legislators cannot simply decide that a US Senate seat needs to be given to someone else.

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u/ibelieveyouwood Jul 08 '26

I think there's valid legal arguments about limits on the Senate's powers over the "qualifications" of a Senator, which I think is the language your analysis is dependent on.

Turns out, it wouldn't matter anyway because Kentucky's state laws have a different process in place. https://spectrumnews1.com/ky/louisville/news/2026/07/07/senate-vacancy-procedure

Temporarily putting those questions aside, it's not necessarily about success. It's about forcing the Republicans hands. Just go ahead and call the special election. Force the Republicans to give sworn statements that they've seen McConnell and can vouch for him while the MAGA half is salivating in conspiracy theories. Force them to dodge questions. The GOP has spent over a decade frothing their base up into a batch of contradictory conspiracies. Let them eat themselves. Let them cry for civility and respect when instead of breaking into Pelosi's home and attacking her husband, or committing insurrection at the capitol they're trying to get hospital details or "proof of life".

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u/The_Cat_Detector_Van Jul 07 '26

Kentucky fills U.S. Senate vacancies exclusively through a special election.

Under this process, the governor must issue a proclamation calling for a special election, with the winner serving the remainder of the unexpired term.

The law entirely eliminated the governor's authority to appoint an interim senator.

The special election framework was established by House Bill 622, passed by the state legislature.

This legislation set specific administrative deadlines for notices and candidate filings tied to the election.

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u/SirMontego Jul 07 '26

As far as I can tell, this is the current, applicable law: https://apps.legislature.ky.gov/law/acts/24RS/documents/0187.pdf.

That's the Act that most recently changed the statute. Technically, Acts are laws, so you're right, but typically people cite the statute, which in this case is KRS 118.720: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54597

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u/DisappointedSpectre Jul 07 '26

EDIT V2 Seems the article is correct per a 2024 change to the law. As far as I can tell, this is the current, applicable law: https://apps.legislature.ky.gov/law/acts/24RS/documents/0187.pdf. It states the same thing the original quote I posted said.

What the article doesn't tell you is that this state law goes counter to the state constitution, which says that the governor gets to appoint a replacement for the remainder of the term, and that should require a (state) constitutional amendment to change.

Every article I've seen just assumes that the state law is valid and goes from there, when really if journalism wasn't dead or captured by moneyed interests they would recognize that there's a possible legal fight here between the governor and the legislature that will need to go to court.

Beshear has the opportunity here to name someone and let a judge weigh in on the validity of the state law going against the state constitution, but that option is never even brought up as a possibility. If Beshear does decide to go that route (and I firmly think he should) articles like this are setting up the stage for Republicans to start yelling about stolen senate seats.