Adam Cochran (adamscochran.eth)|7月 06, 2026 04:06
There is lots of confusion around the August 3rd Kentucky date, so let’s clear it up.
First you need to know two things:
1) HB 622 did not amend the state constitution - it amended statutes. Even after Kentucky’s changes Kentucky Constitution §152 still uses the phrase of “all elective offices” when describing the 3 month cut off date and gubernatorial appointment. It is worthy of a state Supreme Court challenge, and likely to win. That means Aug 3rd still relevant.
2) KRS 118.740 requires that proclamations must be sent to the Sheriff’s 63 days before the date of the election, with certificates filed 56 days before. For Nov 3rd that would mean a filing date of Sept 1st.
SO:
You’d have two sides arguing for the 3rd with one saying:
-Section 152 still constitutionally requires a gubernatorial appointment for statewide vacancies, and HB 622 failed because it tried to remove that by statute instead of amending Section 152. So while HB 622 is constitutional under the 17th amendment, it violates the state constitution.
And the other arguing:
-Section 152 does not reach federal U.S. Senate seats, and the Seventeenth Amendment lets the Kentucky legislature choose special election only, with no temporary appointment.
That Supreme Court argument is only relevant AFTER August 3rd and not likely to be resolved quickly.
Secondly, you have the notice periods of the statute.
If you make it having the court case, you can get injunctions against the proclamation and drag it out.
Because of the 56 day rule, by the time you get to Sept 1st the soonest you can have the election is now Nov 3rd, meaning you’d have Kentucky vote for both a special senate election and regular one on the same day.
But even prior to that, you’ve tied the governors hands.
Is he really going to proclaim a special election just two weeks before the main one?
And if you can push it back and not have the special election separately, it’s easier to push people to vote for the same candidate on both the special and regular elections on the same ballot (blocking a Massie run)
And if you can do that, you can ensure that there is no disruption, especially to McConnell’s committee assignments.
And all of that begins with the question “is this constitutional under Kentucky’s state constitution?”
Which is only relevant, if it’s after August 3rd.
And if you are Mitch McConnell, or his aides, you know you don’t need to win on the “is it constitutional question” because it’s a procedural time game.
And I can guarantee you, every single person in McConnell’s office knows more procedural games in both Congressional rules and Kentucky State law than you can imagine.
And given his health, I’m confident they’ve gamed out a dozen scenarios like this in advanced.
So is August 3rd as clear cut a date as it was historically? No.
Is it still legally relevant? Absolutely yes.(Adam Cochran (adamscochran.eth))
Share To
Timeline
HotFlash
APP
X
Telegram
CopyLink