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Back in 2004, the Democrats of Massachusetts, afraid of losing their power in the Senate, changed the law on succession. This was to prevent Mitt Romney from nominating a Republican to take Sen. Kerry's seat.
Now, Senator Kennedy, because he knows he's dying and doesn't have much longer to live, wants the Democrats in Massachusetts to change the law on succession again... So that Democratic Governor Deval Patrick can nominate Senator Kennedy's replacement and have him in the senate, bascially, before Kennedy's body is cold...
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Always thought that if someone resigned or died in office the Governor appointed someone new...
In Massachusetts, that's how it was until 2004. In 2004, the Democrats in the Massachusetts house and Senate passed a new law that changed it to a special election. They did this to prevent Mitt Romney from appointing a Republican to take John Kerry's place in the even that Kerry got into the White House..
PROCEEDINGS UPON FAILURE TO ELECT, AND VACANCIES IN STATE OFFICES
Chapter 54: Section 139 Senatorial vacancies
Section 139. Upon failure to choose a senator in congress or upon a vacancy in said office, the vacancy shall be filled for the unexpired term of the following biennial state election provided said vacancy occurs not less than seventy days prior to the date of the primaries for nominating candidates to be voted for at such election, otherwise at the biennial state election next following. Pending such election the governor shall make a temporary appointment to fill the vacancy, and the person so appointed shall serve until the election and qualification of the person duly elected to fill such vacancy.
Here's the US Constitution's only reference to how election should be carried out as redone in the 17th Amendment:
When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
In other words, the legislature took away the power of appointment as allowed in the 17th Amendment...
"As long as we have Belichick, I always think that we're going to be just fine."...Tom Brady, in reference to his coach.
“It is what it is, but it ain’t what you think.”...Brandon Spikes