Ailing Kennedy seeks law change on senate succession

Ailing Senator Edward Kennedy has asked Massachusetts politicians to change the law to allow the governor to appoint an interim replacement for his US Senate seat, should he be unable to continue serving.

Under state law, an election is required 145-160 days after a Senate seat becomes vacant. But that would temporarily leave Massachusetts without a voice in the Senate – and the Democrats potentially one vote short on any health care overhaul legislation.

Mr Kennedy, a brother of late President John F Kennedy, said he supported the special election process, but wanted to ensure the seat was filled during the course of the election.

“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,” he said in a letter to Massachusetts governor Deval Patrick, a fellow Democrat and supporter of President Barack Obama, sent on Tuesday.

Mr Kennedy, 77, has been convalescing at his homes in Washington and in Hyannis Port, as well as a rental property in Florida, but his absence from last week’s funeral for his sister, Eunice Kennedy Shriver, prompted a flurry of questions about his health.

Kennedy aides insist there is no material change in his condition since he was diagnosed with a malignant brain tumour in May 2008. He was initially treated with surgery, followed by chemotherapy and radiation.

For Mr Kennedy, the proposal is about more than just the mechanics of succession. Health care has been his core issue for decades.

Although Democrats appear to hold enough of a majority to hold off delaying tactics in the Senate, the fate of a sweeping health care bill could hinge on a single vote and some moderate Democrats have been wavering. Another Democrat, Senator Robert Byrd of West Virginia, has been seriously ill and often absent.

Leaving supporters of a health care overhaul a vote short could put that piece of his legacy in jeopardy.

“I think he’s simply being cautious about the future in order to protect issues he cares deeply about, most importantly health reform,” said former Massachusetts Democratic Party chairman Philip Johnston.

“It’s a statement of his commitment to health reform and his support of President Obama.”

The clock for a special election is triggered either on the date of a resignation or the incumbent’s death.

Though Massachusetts is dominated by Democrats, a change in the law is not a sure thing, especially when the change has to do with the prickly topic of succession to one of the state’s top political prizes.

Mr Patrick, on holiday this week, issued a statement, but gave no indication if he would support the change.

“It’s typical of Ted Kennedy to be thinking ahead, and about the people of Massachusetts, when the rest of us are thinking about him,” he said.

The state last changed its succession law in 2004 to require the special election. Before that the governor was allowed to name a successor.

At the time, Democrats were worried that then-Republican governor Mitt Romney would be able to fill any vacancy created if Democratic senator John Kerry had been elected US president.