beshear

July 28 (UPI) — Kentucky Gov. Andy Beshear sent a letter Monday to Sen. Mitch McConnell, R-Ky., telling him to address Kentuckians about his absence from Congress or resign.

Beshear is a Democrat and is considering a run for president.

McConnell, 84, has been hospitalized since June 14 for a fall. His office has released photos of McConnell and his wife, former Secretary of Labor Elaine Chao.

“As Governor of the state you serve, I am calling on you to directly and verbally address the people of Kentucky and provide proof of your capacity to serve, or resign,” Beshear wrote in a Monday letter shared with the media.

“Per our research, a vacancy in the Senate occurs when a senator dies, resigns, or is expelled by a vote of the Senate itself,” the governor wrote. “If you are unwilling to voluntarily show that you still have the capacity to serve, I will insist Leader [Sen. John] Thune [R-S.D.] fully investigate your condition, report to the American people, and begin the process if warranted.”

CNN first reported details of the letter, which was also sent to Thune.

On July 8, Beshear requested details of McConnell’s condition. McConnell’s office has said that he is recovering and working closely with doctors and medical staff. But McConnell himself hasn’t been shown in video or heard publicly via phone call. Images released of him have been met with public skepticism.

In the latest letter, Beshear said that “important events are happening in our country right now during your absence.”

“President Trump is stuck in a war of his own making and has greatly strengthened the very country he claims is a threat,” he said. “Prices continue to rise, crushing Americans who are working hard but not getting ahead. Americans’ voting rights are being eliminated by the Supreme Court and threatened by congressional action. All while you are absent and refuse to communicate clearly and directly to the people you serve.”

McConnell’s office released a statement Monday about the Senator’s health from the hospital’s Office of the Attending Physician.

“Senator McConnell continues his recovery from a fall at home in June. OAP physicians visit with the Senator every day, discussing all aspects of his rehabilitation care. Since his discharge from hospital care, he has maintained a strenuous course of physical therapy and rehabilitation, including multiple sessions a day designed to rebuild strength and reduce the risk of future falls. His bout with childhood polio continues to be a significant factor in his mobility. He is not yet medically cleared to leave the rehab facility and return to the office.”

McConnell also said in the update that he is sad to miss the annual Fancy Farm picnic in western Kentucky, an event that draws thousands to hear speeches from political candidates from around the state. The picnic is scheduled for Aug. 1.

Beshear noted the update but said it isn’t enough.

“I understand anyone’s desire for privacy, but when you run for office and serve as one of a state’s two U.S. senators, you willingly abdicate much of your personal privacy,” he said in the letter. “That’s the deal, and we all know it when we run.”

McConnell has said he will retire at the end of his term in January. He was hospitalized in February for flu-like symptoms and has fallen in the U.S. Capitol several times.

Kentucky Gov. Andy Beshear is directly asking Sen. Mitch McConnell, the state’s most powerful figure in Congress, to disclose more about his condition after three weeks of silence from the 84-year-old since he was hospitalized in Washington.

The letter released Wednesday from Beshear, a Democrat who is considered a potential presidential candidate in 2028, to the former Senate Republican leader says “Kentuckians have grown increasingly concerned about the current state of your health and well-being, and ability to hold office.”

McConnell, whose physical condition has visibly declined in recent years, was hospitalized June 14. He has not released a public statement, photos or videos since. Aides have disclosed nothing specific about his condition, other than to say last week that McConnell “continues to improve, and is working closely with his staff on Kentucky and Senate matters while the Senate is out of session.”

That lack of detail has fueled rampant speculation about his prognosis and whether he will return to the Senate when it reconvenes next week. The firestorm was enough that Republican Senate leaders made public statements Tuesday saying they had talked to McConnell and that he was alert and discussing current events.

McConnell is retiring at the end of his term in January, and the campaign to elect his successor already is underway. Kentucky’s Senate succession law, which Republican legislators have twice changed during Beshear’s tenure, does not give the governor a role in picking a temporary successor should McConnell’s seat become vacant before his term ends.

Under the latest change in 2024, Beshear would call a special election if the seat became vacant. The winner of that election could take office after the result is certified. The general election winner would be sworn in as part of the new Congress in January. But there are unresolved questions about the timing of a special election under the untested law, and the seat could remain vacant until January.

Beshear ended the letter by wishing McConnell “a safe and speedy recovery.”

A look at what an absence from the Senate or a vacancy could mean.

What happens if McConnell isn’t able to return?

There is not much, if anything, that Beshear, Kentucky lawmakers or the Senate could do if McConnell remains in office but is unable to perform his duties between now and when the current Congress expires in January.

Senate rules do not allow proxy voting. But there have been extended Senate absences before, and the chamber has continued its business with however many senators are in attendance. Republicans currently hold a 53-47 advantage. Without McConnell, that means a maximum of 52 Republican votes are available.

McConnell had been among the senators blocking war powers resolutions that seek to limit President Trump’s military options in Iran. Without him, the administration has less of a buffer. On the other hand, McConnell had already been among the Republicans refusing to support Trump’s sweeping elections law overhaul.

Why wouldn’t Beshear have a say in filling any vacancy?

The 17th Amendment to the U.S. Constitution calls for Senate vacancies to be filled by popular elections. But it allows state legislatures to empower governors to appoint an interim senator to serve through those campaigns. Most states have taken this option, according to the Congressional Research Service.

Kentucky law allowed interim appointments until 2021, when McConnell and other state GOP leaders persuaded the Republican-run Legislature to make a change. They did not want Beshear to shift the partisan balance in Washington if he got the opportunity. They called for a committee of the previous senator’s state party to select three people from whom the governor could choose an interim senator. In this case, that would mean Beshear picking which Republican would fill a vacancy. Several states have this system.

Kentucky lawmakers changed the law again in 2024 to require a special election. The only role for the governor is to call that election.

Beshear vetoed the 2021 and 2024 changes, but Republican lawmakers overrode him.

How would a special election work?

The 2024 law says Beshear “shall” issue a proclamation for a special vote but it does not say when he should make that proclamation or what the election date must be. Separate laws require certain minimum windows between a proclamation and the election date, but not necessarily a maximum window.

Some officials have argued that any vacancy after Aug. 3 would mean a special election concurrent with the general. They have even speculated that at some point, it would be impractical to have a special election at all given the regular election already taking place.

The Kentucky secretary of state’s office declined to speculate on a hypothetical time frame.

If a special election was needed, the simplest option would be to hold it at the same time as the regular general election.

For the full Senate term that begins in 2027, Republicans nominated U.S. Rep. Andy Barr, and the Democratic nominee is former state lawmaker Charles Booker. Concurrent elections would be separate, requiring new nominations by the parties, though they could choose Barr and Booker. Regardless, in this scenario, voters would be electing the immediate replacement and the full-term lawmaker on the same Election Day.

Multiple vacant House seats have been filled that way with little national attention.

Could there be a legal fight?

Yes. The 2024 law has never been tested. If a vacancy occurred, there could be different interests between parties and even among Republicans about special election timing and whether to hold one at all. That could create any number of legal questions and disputes that have to be settled by the courts.

Beshear’s office did not immediately respond to an inquiry about how he interprets the law.

Barrow writes for the Associated Press.