It sounds like something straight out of a political thriller. A U.S. Senator's seat becomes vacant, the state is in a frenzy, and suddenly the Governor—who has the legal power to fill the hole—decides the best person for the job is, well, themselves. It feels a bit like a conflict of interest, right? Honestly, it feels like a total power move that shouldn't be allowed in a democracy.
But here’s the thing: in most of the United States, it is technically legal.
When we talk about whether can a governor appoint himself senator, we aren't just talking about a theoretical "what if." This has actually happened. Multiple times. While the optics are usually terrible and voters often get pretty angry about it, the U.S. Constitution and various state laws have historically left the door wide open for this specific brand of political musical chairs.
The 17th Amendment and the Power of the Pen
To understand why this is possible, you have to look at the 17th Amendment. Before 1913, state legislatures chose Senators. It was a messy, often corrupt process. When the 17th Amendment was ratified, it gave the power to the people to elect their Senators directly. However, it included a tiny but massive provision: state legislatures could empower governors to make temporary appointments until a special election could be held.
Today, 45 states allow governors to do exactly that.
In most of these states, the language is incredibly broad. It says the governor "shall appoint a person" or "may fill the vacancy." It rarely says "except for yourself." Because there is no explicit prohibition in the federal Constitution or most state constitutions, the "person" the governor chooses can be the one looking back at them in the mirror.
Of course, a governor can't hold both offices at once. That would be a violation of basically every separation of powers rule in existence. So, the process usually goes like this: the Governor announces they are taking the seat, they resign from the governorship, the Lieutenant Governor is sworn in as the new Governor, and then the new Governor officially signs the appointment papers for the old Governor.
It’s a loophole. A big, shiny, legal loophole.
Real Times This Actually Happened
This isn't just dusty history from the 1800s. While it’s become way less common because it’s basically political suicide, a few notable figures have pulled it off.
- Wendell Anderson (Minnesota, 1976): This is the most famous modern example. Governor "Wendie" Anderson was a rising star. When Senator Walter Mondale became Vice President, Anderson had his Lieutenant Governor, Rudy Perpich, appoint him to the Senate seat. The voters of Minnesota were furious. They saw it as an arrogant grab for power. In the next election, Anderson was crushed, and his party suffered one of the biggest losses in the state's history. It’s now known as the "Minnesota Massacre."
- Albert "Happy" Chandler (Kentucky, 1939): Chandler was a powerhouse in Kentucky politics. When Senator Logan died, Chandler resigned as Governor so his successor could appoint him to the Senate. Unlike Anderson, Chandler actually managed to win his next election, proving that if you have enough charisma (and control over the state party), you might just survive the backlash.
- John J. Blaine (Wisconsin, 1927): Blaine didn't exactly appoint himself in the "resign-and-receive" style while in office, but the transition from the governor’s mansion to the Senate floor has long been a well-traveled path.
The States That Said "No Way"
Not every state is okay with this. There’s been a massive push in recent years to strip governors of this appointment power entirely. People are tired of seeing Senate seats treated like party favors.
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Currently, five states—Kentucky, North Dakota, Oregon, Rhode Island, and Wisconsin—don't let the governor appoint anyone. They require a special election, period. If a seat goes vacant, it stays vacant until the people vote.
Other states have added "handcuffs" to the process. For example:
- Arizona and Maryland require the governor to choose from a list of three names provided by the outgoing senator’s political party.
- Utah and Wyoming have similar "list-based" restrictions.
- Connecticut recently tightened its rules, requiring a special election within a very tight window, significantly limiting the appointee's time in office.
Why Don't They Do It More Often?
If it’s legal, why don’t we see a dozen governors jumping into Senate seats every decade?
Because of the "Anderson Effect."
Voters generally hate the idea of an unelected Senator. When a governor appoints themselves, it reeks of "the smoke-filled room" politics that the 17th Amendment was supposed to kill. It looks like you're cutting the line. Most governors who are ambitious enough to want a Senate seat would rather run for it during a normal election cycle than risk the "stigma of the appointment."
There is also the "incumbency trap." An appointed Senator has to defend that seat in a special election very quickly. If you've angered your base by appointing yourself, you're walking into a buzzsaw with no shield.
Legal Challenges and "Incompatibility of Office"
There is a legal concept called the Doctrine of Incompatibility. It basically says you can't be the boss and the employee at the same time. If a governor tried to sign their own appointment papers while still serving as governor, it would likely be struck down by the courts instantly.
The "resign-first" dance is the only way it works. Even then, some legal scholars argue that it violates the spirit of the law. However, the U.S. Senate is the ultimate judge of its own members' qualifications. If the Senate accepts the credentials and swears the person in, there isn't much a state court can do to undo it.
The Actionable Reality
So, can a governor appoint himself senator? Yes, in about 40 states, provided they use the "Lieutenant Governor shuffle."
If you live in a state where you think this is a problem, here is what actually matters:
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- Check your state's "Vacancy Clause": Laws change fast. Following the Rod Blagojevich scandal in Illinois (where he tried to sell Obama’s vacant seat), many states updated their statutes.
- Watch the Lieutenant Governor: The "self-appointment" relies entirely on the Lt. Gov being willing to play ball. If the two don't get along, the plan fails.
- The Power of the Primary: If a governor appoints themselves, they still have to face a primary. That is the first and best place for voters to voice their opinion on the maneuver.
Ultimately, while the law allows for a governor to effectively choose themselves for the Senate, the "court of public opinion" is usually the much harsher judge. Most politicians have learned the hard way that just because something is legal doesn't mean it's smart.
To stay informed on how your specific state handles these vacancies, you should look up your state's Election Code or the Secretary of State's manual on filling vacancies. Knowing whether your governor has "free rein" or is restricted by a "party list" is the first step in holding your state executive accountable during a political transition.