This week it was reported here in Boston that Massachusetts senior Senator Ted Kennedy sent a letters to the Commonwealth’s Governor and Congressional leaders asking them to change the way Senate seats are filled when an office becomes vacant during a current member’s term.
As reported by the Boston Globe, Kennedy makes the appeal for congress to quickly enact an amendment to the 2004 law that changed the way succession is to occur. Prior to 2004, the Governor had the power to fill a vacancy for the remainder of the term, no popular election would take place. That law then mandated a public, special election be held to fill any such vacancy. Kennedy’s request begs for succession to happen first by Governor with a temporary appointment, but would still mandate an election to fill the seat for the remainder of the term.
According to the Senator, current times demand full representation, and in particular support of the current health care agenda. His argument is that the time necessary to conduct an election (probably 5 – 6 months) would be too late.
To actually pull this off could take a Herculean effort as House and Senate are both out of session. In Massachusetts members can still vote on special actions when not in session, but there is no debate and a single “no” vote kills the motion – though not voting isn’t a hindrance.
In fact this type strong-arming was how the law was changed back in ‘04. Then the proclamation was that it was fairer for the people to decide then a single individual; however, many observers noted that it was more likely a calculated move by the Democratic Congress to prevent the then Republican Governor, Mitt Romney, from appointing a Republican if Senator Kerry had won the Presidential election of that year.
Most of the media around here have made the story about Kennedy’s mortality and (apparently soon) death. That this urgent appeal is an indication of exactly how sick he is with the brain tumor he was diagnosed with last year.
To me though, beyond the Senator’s legacy, I have to wonder if we should be so willing to allow laws to be pushed so quickly. The type of steamrolling necessary here smacks right in the face of both due process and respect of the electorate.
I’m not weighing in on whether or not it is a good, or valid suggestion, but merely the way it would be done so hastily. In fact, it’s not hard to think that our Democratic Governor might just be acting on a last wish from the Senator. And in this state, it would be unlikely that a valid Democrat granted the seat wouldn’t get an automatic pass from the wildly democratic voting Massachusetts population thereby eliminating the due process that was so lauded back in ‘04.
If his proposal is acted upon and suceeds, it is very likely that we will have witnessed Ted Kennedy hand-picking his successor from the grave. Now that would be quite a polictical maneuver wouldn’t it?
Mike – one thing that needs to be mentioned here. Back in 2004, it was the senator himself that “encouraged” the Massachusetts legislature to change the law to its current status. Now, he wants it changed back.
This flip-flopping really hurts the democratic process. I am saddened to see the senior senator’s condition; however, he would have served the people of MA better if he would have resigned earlier in the year and the the election take place. MA would have had a senator in place already. A bit of Kennedy arrogance here? Probably so.
Ed -
I just want to be clear that the previous law as the Governor appointed the replacement where now it states a special election is held. Kennedy’s proposal combines the two approaches into a new method, rather than a total reversal to the prior method.
– Mike
Yes, but the irony is that back in ‘04 he “influenced” the MA legislature into defeating by a vote of 104-44 the same amendment that he now wants the legislature to approve. Who was the governor in ‘04? One, Mitt Rommey (a Republican). Who is the governor now? A Democrat. Since Rommey would have appointed someone close to his ideological philosophy in case of a Kerry victory (thank God it did not happened), the law was changed to a special election in a 5-month period with no governor appointee. This is too long a waiting period according to Uncle Ted.
I am interested in everyone’s thoughts (at least those in MA) of who would Deval choose? Vicky Kennedy? Joe Kennedy?
Well now that the inevitable has happend and Senator Kennedy has passed away, it will be interesting to see if the legislature acts on his final request. If not, it’ll be very interesting to see who throws their hat in the ring for the general election. I wonder too, if it might shake up the upcoming Governor’s race if any of the proclaimed candidates think the vacant Senate seat is more attractive.
Time will tell and we will see.
– Mike
There’s no question how this is going to go down. The MA legislature is certainly going to honor Teddy’s last request because we certainly can’t be without two senators for five months.
Never mind the fact that was exactly what the legislature was perfectly willing to live with if there was a chance of a republican appointee.
My guess is that Joe Kennedy gets the nod. He wasn’t fit to be governor (anyone remember his indiscretions with the nanny?), but I’m sure that he will make a fine senator. After all, at least he never killed anyone (that we know of). Certain other former senators can’t say the same thing…
I would have to agree with Jim on this one; the MA legislature seems to be falling like flies. First no one would commit to supporting this change in the succession, and now the governor, the speaker of the house, and the senate president are all “considering” it. In my humble opinion, this is just bad politics – then again it is Massachusetts.
As far as who will run, Joe Kennedy seems like a likely candidate. He has not killed anybody, but he is certainly “in bed” with Hugo Chavez from Venezuela. Maybe Hugo Chavez should run for the seat – the dumb voters in the People’s Republic of Massachusetts wouldn’t know any better.
- Ed
There have been a number of suggestions floated about in an article on WBUR (Boston’s NPR station) they speculate on the list of Potential Successors For Kennedy’s Senate Seat. Names like Vicki and Joe Kennedy head it up, they also suggest former Governor and failed Presidential candidate Michael Dukakis, local polictical commentator Peter Meade, current Massachusets AG Martha Coakley and others.
Noone is talking about one name that I would throw out which wouldn’t surprise me at all – Governor Deval Patrick. If the law is changed and he can appoint the seat, why wouldn’t he choose himself? Afterall he already has a $400,000 office in Washington, and no matter what he has a very hard fight ahead of him for re-election, so making an early move to the Capitol may be his great solution.
– Mike