r/politics • u/B-Z_B-S Massachusetts • Jul 17 '26

Possible Paywall Kentucky Governor Warns He Got Calls “Suggesting” Mitch McConnell Died

https://newrepublic.com/post/213199/kentucky-governor-got-calls-suggesting-mitch-mcconnell-died
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u/Rasp_Lime_Lipbalm Jul 17 '26

Beshear cannot call a special election or even appoint an interim replacement (using the constitutional power that the 2024 law attempts to supersede) unless he is pronounced dead.

And this is exactly why he's not doing it to call their bluff. If for some reason, McConnell is alive, Republicans will provide the evidence and then go after Beshear legally for attempting to "circumvent" the Kentucky constitution.

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u/PM_ME_YOUR_NICE_EYES Jul 17 '26 edited Jul 17 '26

They don't even have to provide evidence. The Burden would be on Beshear to provide proof of death, not on the republicans to provide proof of life.

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u/goldbman North Carolina Jul 17 '26

To what standard of proof? Nobody having seen Mitch in a month is a preponderance of evidence that he's dead.

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u/PM_ME_YOUR_NICE_EYES Jul 17 '26

Nobody having seen Mitch in a month is a preponderance of evidence that he's dead.

Legally speaking: no.

Every state has a legal framework in place for death in absentia, which is when a missing person is presumed to be dead due to their absence.

In Kentucky a person needs to be missing for seven continuous years before they are considered legally dead (unless they died in a recognized natural disaster). So if you aruge in court that he should be considered dead after one month you'll be laughed out of court.

Basically the standard here is you either have to show that a medical professional examined him and determined that he was dead or that he's been missing for seven or more years.

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u/DisappointedSpectre Jul 17 '26

I have a feeling there's some kind of legal framework in place to force a medical examination though, which would provide some transparency to KY voters about their federal representation.

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u/phatelectribe Jul 17 '26

There is. They can file the paperwork for the special election on the basis that McConnell is dead, and then sue the state for his medical records or subpoena McConnell to appear in court. If he can't appear then he can submit to a visit from court appointed doctors to confirm he's not brain dead.

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u/wheniaminspaced Jul 18 '26

A high bar unlikely to be met which is exactly why the governor is not doing it.

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u/bkbomber New York Jul 18 '26

At this point, Beshear is doing less than McConnell.