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onenote

(46,532 posts)
15. Unfortunately, I wouldn't bet on Beshear winning if he challenges the law for filling Senate vacancy
Mon Jul 6, 2026, 12:26 PM
Jul 6

His best argument is that Section 152 of the KY Constitution says that "Vacancies in all offices for the
State at large, or for districts larger than a county, shall be filled by appointment of the Governor." However, it is not clear that a US Senate office is covered by this. Indeed, under the US Constitution, vacancies in House districts must be filled by special election and if Section 152 is read to apply to federal as well as state offices, it conflicts with the US Constitution. I suspect a court will give the state constitution provision a narrow reading to avoid that conflict.

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