Pat Dollard

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“Without the change, Senate Democrats could potentially fall one vote short on any health care overhaul legislation, were such a bill brought up before the special election”

BOSTON (AP) – Massachusetts Gov. Deval Patrick said Wednesday he would support changing state law to allow him to appoint an interim successor to Sen. Edward Kennedy’s seat while a special election is held.

Unlike most states, a successor to a vacant U.S. Senate seat in Massachusetts is chosen by special election, not appointed by the governor.

In a recent letter to lawmakers, Kennedy, who died Tuesday night, said the law should be changed to allow the governor to appoint someone to serve in the Senate during the course of the election—provided that person pledge not to run for the seat.

In radio interviews Wednesday morning, Patrick called the idea “entirely reasonable” and told WBUR-FM that he would sign the bill if it reached his desk.

“Massachusetts needs two voices” in the Senate, Patrick said.

Although Massachusetts is dominated by Democrats, a change in the law isn’t a sure thing.

Senate President Therese Murray and House Speaker Robert DeLeo, both Democrats, issued statements of condolence early Wednesday, but neither has expressed support for giving the governor the power to name an interim successor. Republicans in both chambers, who hold about 10 percent of legislative seats in Massachusetts, oppose the idea.

Without the change, Senate Democrats could potentially fall one vote short on any health care overhaul legislation, were such a bill brought up before the special election. Health care had been Kennedy’s core issue for decades.

Democrats hold a potentially filibuster-proof margin in the Senate, but some moderate Democrats have been wavering. Another Democrat, Sen. Robert Byrd of West Virginia, has been seriously ill and often absent.

Any change in state law is not likely to happen immediately. Lawmakers are not expected to return to formal sessions until after Labor Day.

State law requires a special election for the seat no sooner than 145 days and no later than 160 days after a vacancy occurs. The law bans an interim appointee.

The clock for a special election is triggered either on the date of a resignation or the incumbent’s death. It’s up to the governor to pick the exact date of the election.

Any race to succeed Kennedy would be crowded and fiercely fought.

Despite speculation that Kennedy’s wife, Vicki, could assume his Senate seat, family aides have said she is not interested in replacing her husband either temporarily or permanently. One of Kennedy’s nephews, former Rep. Joseph P. Kennedy II, has also been described as interested.

Other potential Democratic candidates include state Attorney General Martha Coakley, U.S. Reps. Stephen Lynch, Michael Capuano, Edward Markey, James McGovern and William Delahunt, and former Rep. Martin Meehan, now chancellor of the University of Massachusetts at Lowell.

On the Republican side, potential candidates include Cape Cod businessman Jeff Beatty, former Lt. Gov. Kerry Healey, former U.S. Attorney Michael Sullivan, state Sen. Scott Brown and Chris Egan, former U.S. ambassador to the Organization for Cooperation and Development.

The succession law was changed in 2004, when Sen. John Kerry, D-Mass., became his party’s presidential nominee and Republican Mitt Romney was the state’s governor. Before the change, the governor would have appointed a replacement to serve until the next general election.

That would have created the opportunity for Romney to install a fellow Republican in office, a move that Democrats who control the state legislature sought to prevent.

Last week, Kennedy asked Massachusetts lawmakers to change state law to give Patrick, a fellow supporter of President Barack Obama and a backer of Obama’s health care overhaul, the ability to appoint an interim replacement should he be unable to continue serving.

“It is vital for this Commonwealth to have two voices speaking for the needs of its citizens and two votes in the Senate during the approximately five months between a vacancy and an election,” Kennedy said in a letter to Patrick.

Boston Herald:

House Speaker Robert A. DeLeo has given his behind-closed-doors blessing to an effort to hand Gov. Deval Patrick the power to appoint a temporary successor to U.S. Sen. Edward M. Kennedy, sources say.

While DeLeo has been publicly silent on the controversial measure tagged a power play by critics, the speaker indicated his tacit support.

The Winthrop Democrat met with his inner circle Monday to discuss the late senator’s request for the temporary appointment and is looking at ways to fulfill the proposal as lawmakers started collecting votes, according to sources.

Kennedy wanted lawmakers to allow Patrick to name a successor for five months until a special election can be held to elect a new senator so that there is a “continuity” of representation in Washington.

Kennedy had asked that the temporary successor vow not to seek the seat in the special election.

Patrick has previously backed the gubernatorial appointment power which was taken away from former GOP Gov. Mitt Romney by the Democrat-controlled Legislature.

But Patrick has not taken a position on the latest Kennedy proposal.

However, Lt. Gov. Tim Murray yesterday told the Herald, “Certainly I believe it should be given serious consideration.”

DeLeo spokesman Seth Gitell said yesterday the speaker had no additional statement.

Elections Law committee co-chair Sen. Tom Kennedy (D-Brockton) said he and House co-chair Michael J. Moran (D-Boston) may bump up a hearing date for a bill that would give temporary appointing power to Patrick to Sept. 17.

“(The bill) was originally grouped in with the October hearing, but we’re trying to take into consideration the interest of the legislators,” said Kennedy.

Rep. Robert M. Koczera (D-New Bedford), who filed the bill, spoke to Moran yesterday and said he received assurances that his bill would be heard before the original Oct. 7 hearing.

“I’m pretty confident they’ll try to honor the request in some way,” said Koczera.

Moran pointed to Arkansas, where the law prevents a temporary successor from running after his or her short term.

However, a veteran Democratic state senator argued that it’s constitutionally impossible to prevent anyone from running.

“I don’t think you can exclude someone if they want to be considered,” said Sen. Michael W. Morrissey (D-Quincy), who supports keeping the election process.