Updated

Updated · NBC News · Jul 8

Beshear Urges 84-Year-Old McConnell to Give Health Update After 24 Days in Hospital

Updated

Updated · NBC News · Jul 8

Beshear Urges 84-Year-Old McConnell to Give Health Update After 24 Days in Hospital

Q: Could a senator's prolonged absence trigger Kentucky's untested special election law?

No. A senator’s prolonged absence by itself would not trigger Kentucky’s new special-election law; the law applies only if the Senate seat becomes officially vacant. That means there would need to be a resignation, death or some other formal vacancy. As long as Mitch McConnell remains in office, even if he is hospitalized and away from Washington for an extended period, Kentucky has no clear mechanism that automatically converts incapacity into a vacancy. Election-law and political experts have noted there is no established rule for when a sitting senator is merely unable to serve versus when the office is legally vacant. Kentucky’s 2024 law requires the governor to call a special election once a vacancy exists. The governor must issue a proclamation at least 63 days before the election, and parties or other nominating groups must file by 56 days before it. But that process has never been used for a U.S. Senate vacancy in Kentucky. Even if a vacancy did occur, the law could face court scrutiny. Legal scholars have pointed to unresolved questions about how the new statute fits with the Kentucky Constitution and the 17th Amendment, which governs Senate vacancies and allows states to authorize temporary gubernatorial appointments. So Gov. Andy Beshear’s request for more information about McConnell’s health does not itself set any election process in motion. It raises a public accountability issue, but under current law, absence alone is not enough.

3 articles · Updated · NBC News · Jul 8

Andy Beshear on Wednesday asked Mitch McConnell to publicly detail his health and whether he can still serve, saying Kentuckians need a transparent update after weeks of uncertainty.
Twenty-four days after McConnell was hospitalized following a June 14 medical emergency, his office still has not explained why he was admitted, his current condition or when he might return to the Senate.
NBC News reported last week that paramedics performed CPR on an individual in cardiac arrest at a known McConnell address on June 14, fueling speculation that Beshear said is unfair to both the senator and the public.
McConnell's office has said only that the 84-year-old Republican remains hospitalized but is improving and working with staff, while allies including John Thune and John Barrasso said they recently held separate 20-minute calls with him.
The Senate returns next week, leaving unresolved whether the former majority leader can resume duties as pressure grows for a direct account of his condition.