Sen. Mitch McConnell’s hospitalization this week with flu-like symptoms has renewed attention not just to the 83-year-old’s health, but to a question with significant political ramifications: What happens if Kentucky’s senior senator cannot complete his term?
The answer lies in a law passed last year that completely eliminated Democratic Gov. Andy Beshear’s role in the process.
“In an abundance of caution, after experiencing flu-like symptoms over the weekend, Mr. McConnell checked himself into a local hospital for evaluation last night,” McConnell spokesman David Popp said in a statement Tuesday. “His prognosis is positive and he is grateful for the excellent care he is receiving. He is in regular contact with his staff and looks forward to returning to Senate business.”
But if Mr. McConnell were unable to continue serving, Kentucky would hold a special election to fill the vacancy. Under House Bill 622, which became law in April 2024 after Republicans overrode Mr. Beshear’s veto, the governor’s only role would be signing a proclamation calling for the special election. The winner would serve out the remainder of Mr. McConnell’s term, which runs through January 2027.
The law represents a dramatic shift from Kentucky’s previous system, which had been in place since 1942.
“In House Bill 622, the General Assembly changes its mind for the second time in three years on how vacancies in the United States Senate are filled,” Mr. Beshear said in his veto message. “Prior to these maneuvers, the same system has been in place since 1942. This administration deserves the same authority as previous administrations.”
SEE ALSO: McConnell, 83, checks himself into hospital, adding to health concerns
House Majority Floor Leader Steven Rudy, who sponsored the bill, defended the change as empowering voters rather than politicians.
“The people should decide who a United States senator is by election always,” Mr. Rudy said during House debate when lawmakers overrode Mr. Beshear’s veto.
Mr. McConnell himself endorsed the approach during a radio interview in Louisville, calling it “a good idea that would let voters decide on the successor if a vacancy ever occurred.”
The timing of the law’s passage raised eyebrows. It cleared the Kentucky House just days after Mr. McConnell announced he would step down from his Senate leadership position in November 2024, sparking immediate speculation about his political future and health.
But Mr. Rudy insisted the bill had nothing to do with Mr. McConnell.
“God forbid we have any vacancy in a U.S. Senate seat, I think the people would want to decide who their senator was,” Mr. Rudy said when the bill was debated.
Mr. Beshear saw it differently, denouncing the legislation as partisan maneuvering.
“If we are just dominated by trying to create a result of what letter someone would have behind their name if appointed, then we are not performing or engaging in good government,” the governor said.
The political stakes extend beyond Kentucky. Republicans currently hold a 53-47 majority in the Senate, meaning the GOP would maintain control even if Mr. McConnell’s seat remained vacant during a special election. But in an era of narrow margins and high-stakes votes, even a temporary vacancy could prove consequential.
Mr. McConnell’s health has been a subject of mounting concern. He was hospitalized in March 2023 for five days after suffering a concussion and broken rib from a fall at a Washington hotel. Later that year, he froze twice while speaking publicly, episodes that raised questions about his fitness for office. In December 2024, he sustained a cut to his face and sprained wrist after another fall at the Capitol.
Mr. McConnell announced around this time last year that he wouldn’t seek re-election when his current term expires in 2027. He’s served in the Senate since 1985 and holds the record as the longest-serving Senate party leader in U.S. history.
“I don’t know how many times I can say that. But that’s exactly what I’m going to do,” Mr. McConnell said in that same Louisville radio interview, referring to his intention to serve out his full term.
For now, Mr. McConnell remains hospitalized. His office has provided no updates since Tuesday, saying only that they’ll share information when they can.
If a vacancy does occur, Kentucky’s new law means voters — not the governor — will decide who represents them in Washington. Whether that change was driven by principle or politics, it’s now the law that would govern one of the most consequential Senate seats in the country.
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