Kentucky Legislature cuts Democratic governor out of picking potential McConnell replacement

Senate Minority Leader Mitch McConnell was the one who encouraged changing the state’s vacancy law three years ago.

The Kentucky state Legislature passed legislation on Thursday that would change how vacancies in the U.S. Senate are filled, over the objections of Democratic Gov. Andy Beshear.

The Republican-sponsored bill, which would require a special election to choose a senator in the case of an open seat in the unexpired term, passed with bipartisan support as the Legislature nears the end of its session. It passed both chambers with veto-proof majorities.

It’s a significant change from how the process currently works. A majority of states — including Kentucky — pick successors in vacant Senate seats by gubernatorial appointment. But there are some notable restrictions in the commonwealth: The governor must choose a nominee from a list of three names the outgoing senator’s party submits. Beshear would have to choose a Republican, should either Senate Minority Leader Mitch McConnell or Sen. Rand Paul’s seats become vacant.

McConnell last month announced he will not run for another term as GOP conference leader later this year. But he has vowed to serve out the rest of his term, which runs through 2027. Last year, the 82-year-old faced questions about his future after bouts of freezing in public, although Kentucky Republicans who sponsored the bill have insisted that it was not prompted by McConnell’s health.

But with the change, Kentucky Republicans now have a backup plan in case there is an opening for the longtime senator’s seat before his term expires.

Beshear has not hidden his disdain for the current arrangement. When the appointment rule was passed in 2021, he said it “improperly and unconstitutionally restricts the governor’s power.” He has also not explicitly committed to following it; when asked over the summer whether he would abide by the law should there be a vacancy, he refused to “speculate about something that hasn’t happened and isn’t going to happen.”

After the bill passed on Thursday, Republican Secretary of State Michael Adams hit Beshear for refusing to “commit to following the law.”

The bill now heads to Beshear’s desk. Should he veto the legislation, the GOP supermajority can override it, even without Democrats.

Last month, he spoke out against the bill, calling it an example of “rank partisanship.”

“Last November, people said, ‘Knock it off,’” Beshear said, pointing to his successful reelection bid that was a major win for Democrats in a red state. “We don’t want a candidate or a general assembly that just sees Team R or Team D or red or blue. We want good government that focuses on our people.”

Beshear has adamantly shot down a run for the open seat in 2026.

The change is the latest Republican-led maneuver to the state’s vacancy law. Prior to the current system, the governor was able to appoint a temporary replacement until a special election was held during the next House election. McConnell was the one who encouraged changing the rules three years ago.

A version of this story first appeared in POLITICO Pro’s Morning Score newsletter. Sign up for POLITICO Pro.