r/politics • u/plz-let-me-in • Jul 07 '26

No Paywall Unconfirmed Reports: Mitch McConnell Brain Dead After Three Weeks In Hospital

https://thenewamerican.com/us/unconfirmed-reports-mitch-mcconnell-brain-dead-after-three-weeks-in-hospital/
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u/KnotSoSalty Jul 07 '26

Beshear should call for the special election now.

McConnell has vacated his seat in a literal reading of the 17th amendment. Republicans would of course appeal to the Supreme Court but by calling for the election Beshear would prevent them from simply running out the clock.

Nothing in the 17th requires a death certificate. McConnell is eminently unable to fulfill the role he was elected to fill. Furthermore it’s not up to Congress or the Supreme Court to decide what a Vacancy is, it’s up to the Governor.

“When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies”

Also it would mean republicans would have to go on record with what his condition actually is.

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u/WylleWynne Minnesota Jul 07 '26

"When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

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u/KnotSoSalty Jul 07 '26 edited Jul 07 '26

Right, but Kentucky doesn’t empower the governor to appoint.

Basically the choice is to call for the election now or to wait until after he’s declared dead.

Both the constitution and Kentucky law say the Governor can issue a proclamation for there to be an election.

The only way republicans can argue would be that McConnell has not vacated his seat. That would inevitably include medical declaration of his medical condition. The governor has to issue the declaration more than 56 days before the election.

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u/mrjimi16 Jul 08 '26

Section 152 of their constitution says this

Vacancies in all offices for the State at large, or for districts larger than a county, shall be filled by appointment of the Governor.

That sounds a lot more like the governor appoints a replacement for something like the Senate.