Ted Kennedy Seeks Law to Speed Up Seating His Replacement

Sen. Ted Kennedy has sent a letter to Massachusetts Gov. Duval Patrick as well as the leaders of the state's House and Senate requesting that it amend the law on filling vacancies in the U.S. Congress. Ailing from cancer, Kennedy knows that President Obama's health care reform could hinge on as little as a single vote in the Senate, and if his own health were to prevent him from participating in the final legislative roll call, he wants a reform advocate already in place.

The current Massachusetts law requires a special election within five months of any vacancy, a gap that could imperil the fate of the health care bill. Given that one of the signature issues of Kennedy's long career has been health care reform, the prospect of his absence from the Senate chamber tipping the balance against an expansive new program rings with bitter irony.

More irony? The current five-month period in which to hold a special election was put into place in 2004, when Sen. John Kerry decided to run for president. Fearful Democrats successfully amended the old law to prevent then-Gov. Mitt Romney from appointing a Republican to fill a possible Kerry vacancy.

In his letter, Kennedy writes:

". . . it is vital for the 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."

So, is this more political gamesmanship from "The Lion of the Senate" or a heartfelt attempt to ensure that an issue close to Kennedy's heart finally becomes a reality? Both, no doubt. Here's how Governor Patrick sees it:

"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."

There's no argument, however, that Democrats are missing Kennedy's leadership in the health care battle. But if the senator gets his wish, a replacement for his not-yet-vacated seat might be ready and waiting to carry on his legacy.