Kentucky's Republican Senate president says the GOP-led legislature may pick the next governor

Andy Beshear
(Image credit: John Sommers II/Getty Images)

Democrat Andy Beshear declared victory in Kentucky's gubernatorial race Tuesday night, and he did get more votes than incumbent Gov. Matt Bevin (R) — 5,189 more votes, according to the uncertified final tally, or a margin of about 0.4 percentage points.

But this doesn't appear to be the end of the process. Kentucky Secretary of State Alison Lundergan Grimes said her office considers Beshear the victor and doesn't believe Bevin can make up the gap. Yet Bevin refused to concede, citing unspecified "irregularities," and The Associated Press hasn't called the race.

Kentucky doesn't have an automatic recount provision, though candidates can petition — and bankroll — a statewide recount, Joe Sonka explains at the Louisville Courier Journal. First, losing candidates typically request a recanvas of the vote in each county. The recount is the next stage, and it involves a judge counting ballots and determining the winner, subject to appeal up to the Kentucky Supreme Court.

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up

Republican Senate President Robert Stivers suggested a dicier option Tuesday night: Let the GOP state legislature decide the winner. Section 90 of the state Constitution says "contested elections for governor and lieutenant governor shall be determined by both houses of the General Assembly, according to such regulations as may be established by law." Stivers said his staff believes that might apply in this case. The last "contested" governors race was in 1899, the Courier Journal reports.

Sam Marcosson, a constitutional law professor at the University of Louisville, told the Courier Journal that Republicans can't just make up a legal procedure to review the election, and warned it's a risky "proposition to suggest that the General Assembly would take vague allegations of unspecified irregularities and call into question a gubernatorial election." Joshua Douglas, a professor at the University of Kentucky Law School, explained Bevin would have to call a special session of the General Assembly, then a panel of eight House members and three senators "would hear evidence and make a final determination. And that determination would be final."

The Kentucky Constitution stipulates that the next governor be sworn in Dec. 10.

To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us
Peter Weber, The Week US

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.