Ted Kennedy and Succession

Senator Ted Kennedy has died. His death is a huge loss to American governance and public welfare. He will be sorely missed.

Shortly before his death, Senator Kennedy wrote a letter to the principals in Massachusetts state government, including the governor, urging them to pass a law permitting the governor to appoint a temporary successor who would serve until a special election. Kennedy proposed that the temporary senator could not stand in the special election.

The great senator's last wish is still a great idea. The Massachusetts legislature should act on it. However, I would propose one very slight modification which would apply to future untimely deaths: elected senators (and for that matter representatives) should have the power to name a temporary successor themselves. Only if they fail to name a temporary successor, or if the temporary successor cannot (or will not) serve, should the state's governor appoint the successor. After all, we voters elect our representatives, investing in them the responsibility for making important decisions on all types of legislation. So it makes sense that the senator or representative himself/herself should have the first opportunity to name a temporary successor. He/she is in the best position to select an individual who would carry on the same legacy, consistent with the wishes of the voters in the most recent election, until voters get another opportunity to express their views. The governor is a different office, and perhaps a member of a different party, with more distant democratic authority to fill such a vacancy.

So, both to honor Senator Kennedy's legacy and as a matter of good public policy, let's start with Massachusetts and get a temporary successor law passed right away. The law should permit each senator or representative to name their own temporary successor. If for some reason this particular temporary successor is not named or cannot serve, then the state's governor names the temporary successor. In either case the temporary successor cannot stand for election, and a special election is held within a reasonable period of time. (Within five months is a reasonable period of time.)