Gov. Andy Beshear said Monday on social media that Aug. 3 has “no legal impact” on his options if a Kentucky U.S. Senate seat becomes vacant this year.

His statement comes amid rampant online speculation that Aug. 3 marks the deadline for holding a special election to complete the term of Sen. Mitch McConnell, who has been absent since his hospitalization in June.

McConnell has not given up his seat, and has indicated his intention to serve out the remainder of his final term.

But many, including Beshear, have questioned his capacity to serve.

Kentucky Secretary of State Michael Adams responded to Beshear’s post in response to a Herald-Leader question.

“The Governor is correct that August 3 has no legal impact on his options, because he has no options,” Adams said through a spokesperson. “His irresponsibility in suggesting the Kentucky Constitution empowers him to violate state law and appoint a federal officeholder — to an office that is not even vacant — has fed the sort of online conspiracy theories I’ve spent my career combating.”

Historically, Section 152 of Kentucky’s constitution has governed how vacancies in elected offices are filled in Kentucky. It states that if there are more than three months between a vacancy and an election, a special election must be called. If a vacancy occurs less than three months before, the special election is delayed until the next scheduled general election. With this year’s midterm elections set for Nov. 3, Aug. 3 marks exactly three months prior.

However, the U.S. Constitution’s 17th amendment also dictates how Senate vacancies are filled. It mandates that when a vacancy occurs, the state’s executive authority shall issue writs of election to fill the vacancy, but it provides that the state legislature “may empower” the governor to make temporary appointments until the people fill the vacancy by election as the legislature may direct.

Using this constitutional flexibility, the Kentucky General Assembly passed House Bill 622 over the governor’s veto in 2024, rewriting the rules specifically for U.S. Senate vacancies.

HB 622 stripped the governor of the power to make interim appointments altogether, making Kentucky one of only four states — alongside North Dakota, Rhode Island and Wisconsin — where a governor is not allowed to make an appointment. Instead, the law mandates that a vacancy must be filled by a special election.

Unlike Section 152, HB 622 does not establish a firm timeframe for how quickly a special election must be held, nor does it specify a time deemed “too close” to a general election to leave a seat vacant. It only establishes procedural notice requirements: the governor must notify county sheriffs at least 56 days before the election, and sheriffs must give public notice at least 49 days before.

Because HB 622 is the active statute governing Senate vacancies, some legal experts, including Josh Douglas, argue the old rules — including the three-month Aug. 3 deadline — no longer apply.

Douglas, a professor and dean at the University of Kentucky College of Law, pointed out on Bluesky last month that the three-month deadline “is from the prior version of the statute which no longer applies” and is not in the relevant active provisions.

He went on to say that the speculative McConnell situation brings up an “interesting question” regarding the interplay between the differing laws, saying that “if Beshear tried to appoint, it would likely end up in court.”

In his statement Monday, Beshear did not indicate if he would try to appoint a senator if the seat opens up. He clarified that the Aug. 3 date would not act as a deadline for filling the seat.

Some rumors went as far as to say that information regarding McConnell’s health was being strategically withheld until Aug. 3 to prevent a special election from occurring. Beshear addressed the online discourse last week in an interview with Bloomberg.

“There’s an argument out there that that’s a date where I could not later call a special election,” he said. “A lot of those that are pushing this are online, and I think are under the impression that a Democrat in Kentucky might be able to win that election.”

He added that Kentucky has not elected a Democratic senator for decades. The last time was 1992.

“When you look at some of this, a vacancy, not having Mitch McConnell show up isn’t necessarily a bad thing,” Beshear said in the interview. “Because he certainly doesn’t show up to help the American people.”

He echoed this sentiment in his statement Monday, suggesting that McConnell’s absence could be beneficial to the Democratic agenda.

“Worth a reminder, right now, there’s one less vote for the SAVE Act, Trump’s war with Iran, or the potential replacement of a SCOTUS justice,” Beshear said.

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