Mitch McConnell

With August 3, Kentucky has reached a significant deadline, after which some argue that Governor Andy Beshear cannot call a special election to allow voters to elect a new senator amid Republican Mitch McConnell’s prolonged absence from Congress.

In a post on X early Monday, Beshear, a Democrat, said the date “has no legal impact” on his options should a Senate vacancy arise.

“I know there are a lot of folks wondering about the significance of August 3 regarding a potential Senate vacancy,” he wrote. “I want everyone to know that this date has no legal impact on my options should there be a vacancy this year.”

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McConnell, 84, has not been seen in public since he was admitted to the hospital on June 14. He revealed weeks later that it was due to a fall.

His lengthy absence has prompted questions about his transparency and fueled speculation about his capacity to serve. The sudden death of 71-year-old South Carolina Senator Lindsey Graham last month also put increased scrutiny on the country’s aging lawmakers.

McConnell revealed on July 12 that a fall had led to his hospitalization, saying he was “briefly unconscious” around the time he was first taken to the hospital. In another update on July 27, the senator's office said he had not yet been medically cleared to leave the rehabilitation facility where he has been undergoing physical therapy. Both updates were accompanied by a photograph of McConnell with his wife, former Transportation Secretary Elaine Chao, but did little to quell questions about his health and whereabouts.

His absence also carries political implications in the solidly Republican state at a time when Senate Republicans need every vote they can get to advance President Donald Trump’s agenda in the Senate, where they have a 53-47 advantage. Democrats need to pick up a minimum of four seats to gain control of the Senate in November’s midterm elections. McConnell is set to retire at the end of his term in office after 40 years as senator.

A spokesperson for Beshear directed Newsweek to the governor's post on X when contacted for comment. Newsweek also reached out to McConnell’s office for comment via email.

What Is the August 3 Deadline for Special Elections?

Kentucky law requires a governor to call a special election to fill a vacant Senate seat, which can occur due to resignation, expulsion or death. In other states, a governor can appoint a senator to serve the remainder of a term when there is a vacancy.

Under Section 152 of the Kentucky state Constitution, a special election to fill a vacant seat must be called at least three months before an election. If a vacancy opens up with less than three months before an election, a special election would be delayed.

August 3 marks the three-month cutoff, since the midterm elections will take place on November 3.

The statute states that this applies to “all elective offices,” though it remains unclear whether it would apply to the Senate after Kentucky lawmakers passed HB 622 in 2024, eliminating interim governor appointments for Senate vacancies.

The law on Senate vacancies has not been tested in the courts, so any efforts to fill a vacant seat could serve as a legal test.

Beshear Calls on McConnell to Prove He's Fit to Serve

Beshear, a Democrat who is widely viewed as a potential presidential candidate in 2028, wrote to McConnell on July 27, asking him to either prove that he is fit to continue serving as a senator or resign from office.

“It has now been 43 days since news of your hospitalization,” Beshear said in the letter.

“During that time you have cast zero votes, engaged in no official activities, and aside from two photos and corresponding statements, have made no effort to communicate with your Kentucky constituents or the nation. Even the attending physician’s written statement does not discuss your actual condition, including whether you can speak, reason, or carry out your duties as a senator.”

Beshear wrote that if McConnell did not comply, he would “insist” Senate Majority Leader John Thune “investigate” his condition and begin the process of replacing him “if warranted.”

Thune told NBC News that he thinks it's an issue between McConnell and the people of Kentucky.

“I mean, if the governor wants to, I’m not sure what his prerogatives are in that case. But that’s where the issue should be resolved," Thune said.

Beshear had first called on McConnell to release more information about his condition in early July after weeks of public silence.

The governor criticized Republicans for their response to McConnell’s absence over the weekend. In a post on X, he called out Republicans who criticized him for missing Kentucky’s annual Fancy Farm political picnic while ignoring questions about McConnell.