General Discussion

The 17th amendment to the US Constitution states:" 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."

The legislature of KY has not empowered Beshear to make an appointment to fill a Senate vacancy. Indeed, it passed legislation expressly repealing that authority.