No. Kentucky’s governor cannot appoint a senator. Since April 12, 2024, state law has required that any U.S. Senate vacancy be filled through a special election, and the seat stays empty until voters choose a replacement.1Kentucky Legislative Research Commission. 24RS HB 622
What Happens When a Kentucky Senate Seat Opens
Under KRS 118.720, when a U.S. Senate seat becomes vacant, the governor signs a proclamation directing county sheriffs to hold a special election. The winner of that election serves out the remainder of the unexpired six-year term.2Justia Law. Kentucky Revised Statutes 118.720 – Proclamation for Election to Fill Vacancy
No temporary senator represents Kentucky during the gap. The governor’s role begins and ends with calling the election. The exact timing of the special election depends on when the vacancy occurs relative to the regular election calendar, but the underlying rule does not change: nobody sits in the seat until voters fill it.
How the Appointment Power Was Repealed
House Bill 622, enacted as Acts Chapter 187, repealed KRS 63.200, the statute that had authorized gubernatorial appointments to fill Senate vacancies. Governor Andy Beshear vetoed the bill on April 9, 2024. Three days later, the General Assembly overrode the veto by an 81–17 vote in the House and a 29–5 vote in the Senate. The bill carried an emergency clause, so the repeal took effect immediately on April 12, 2024.1Kentucky Legislative Research Commission. 24RS HB 622
How Kentucky Compares to Other States
Most states let their governor appoint an interim senator. Kentucky is now one of four that do not. North Dakota, Rhode Island, and Wisconsin also require the seat to remain vacant until a special election fills it.3National Conference of State Legislatures. Vacancies in the United States Senate
The Old Appointment Process (2021–2024)
Between 2021 and 2024, Kentucky had a restricted appointment process worth understanding if you are working from older information. Senate Bill 228, passed in 2021 over Governor Beshear’s veto, rewrote KRS 63.200 to require the governor to choose from exactly three names submitted by the state executive committee of the departing senator’s political party.4Kentucky Legislative Research Commission. 21 RS BR 866 – An Act Relating to a Vacancy in Congress
Additional constraints applied. The appointee had to have been continuously registered as a member of that same political party since December 31 of the preceding year. The governor had 21 days from the date the list was submitted to make a selection from it, with no option to reject the list, request new names, or look outside the departing senator’s party.4Kentucky Legislative Research Commission. 21 RS BR 866 – An Act Relating to a Vacancy in Congress
That framework no longer exists. HB 622 eliminated it entirely.
Why the Constitution Allows This
The Seventeenth Amendment, ratified in 1913, requires state executives to issue writs of election when Senate vacancies occur. It also allows state legislatures to authorize temporary gubernatorial appointments, but that authorization is optional.5Congress.gov. U.S. Constitution – Seventeenth Amendment A state legislature can grant appointment power, restrict it, or withhold it entirely. Kentucky’s General Assembly has chosen to withhold it.
If someone asks whether the governor can name a replacement senator, the answer under current Kentucky law is no. The seat waits for the voters.