General Discussion

Kentucky’s governor can no longer appoint a U.S. Senator. In April 2024, the General Assembly repealed the statute that had authorized temporary gubernatorial appointments, overriding Governor Beshear’s veto by wide margins in both chambers. Senate vacancies in Kentucky must now be filled entirely through a special election, with the seat remaining empty until voters choose a replacement.

House Bill 622, enacted as Acts Chapter 187, repealed KRS 63.200, the statute that had governed how a governor fills a Senate vacancy by appointment. Governor Beshear vetoed the bill on April 9, 2024. Three days later, the legislature overrode the veto with an 81–17 vote in the House and a 29–5 vote in the Senate. The bill carried an emergency clause, making the repeal effective immediately upon the override on April 12, 2024.1

The repeal marked the end of a brief but unusual chapter in Kentucky politics. For roughly three years, the governor had possessed a constrained version of appointment power. With HB 622, the legislature decided that even a constrained version was too much and eliminated the authority altogether. Kentucky is now one of only four states where the governor cannot make any interim Senate appointment. North Dakota, Rhode Island, and Wisconsin follow the same approach, requiring the seat to stay vacant until an election fills it.

Source: https://legalclarity.org/can-kentuckys-governor-still-appoint-a-senator/