List of United States Senators From Massachusetts - Mid-term Vacancy Appointment Processes

Mid-term Vacancy Appointment Processes

Through the 20th century, mid-term vacancies were filled with the governor's appointee, with the appointment expiring at the next biennial state election. In 2004, the Democratic-controlled state legislature changed the vacancy-filling process, mandating that a special election occur, which removed the Governor's appointment power. This statute was enacted over the veto by the Governor, Mitt Romney. The leadership of the Massachusetts legislature at the time was concerned that the Republican governor Mitt Romney would appoint a Republican if Democratic Senator John Kerry were elected President of the United States in the 2004 election. Generally, the law requires a special election within 145 to 160 days from the date of the filing of a Senate resignation. The law contemplates resignations that become effective some period of time after the filing of the resignation, so long as the election occurs after effective date of the resignation.

While terminally ill with brain cancer, Ted Kennedy requested that the Massachusetts legislature change the law to allow an interim appointment. Kennedy died shortly thereafter, and the legislature quickly passed a bill providing for an interim appointment. On September 24, 2009, Governor Patrick signed the bill and appointed Paul G. Kirk, who had previously served as one of Kennedy's congressional aides and as chairman of the Democratic National Committee. Kirk stated he would not run in the special election.