Currently, Massachusetts Democrats have a problem. 

http://www.bostonherald.com/news/us_politics/view/20090820ailing_ted_kennedy_asks_for_speedy_replacement_process/srvc=home&position=2

http://www.latimes.com/news/nationworld/nation/la-na-kennedy21-2009aug21,0,3138980.story

http://www.usatoday.com/news/washington/2009-08-20-kennedy-senate-replacement_N.htm

As these articles mention, this is the second time the Democrats have faced a similar Senate vacancy dilemma.  But now, the poor dears face it from the opposite perspective.  And now they have to worry that any further changes in the relevant statutes could force other changes in the future.

What to do?  What to do?  Hmmmmm…

As former Congressional staff I would like to offer my bill writing skills to make sure that the Democratic Party of Massachusetts never has to face such a perplexing dilemma again.  Here is my humble proposal, which some loyal Democrat in the State House or State Senate may want to introduce in Massachusetts.

A bill to facilitate and ensure a Democratic Appointment to a Vacancy in the US Senate.

Definitions

a) ‘a Democrat’ means a registered member of the Massachusetts Democratic Party

b) ‘in good standing’ means a member of a political party whom the Chairman of that Party shall vouch for that member’s loyalty to that Party under penalty of law

c) ‘Kennedy’ means a person who is a direct descendant of Joseph Patrick “Joe” Kennedy, Sr., or a person who is currently married to a direct descendant of Joseph Patrick “Joe” Kennedy, Sr.

d) ‘Kennedy seat’ means a US Senate seat occupied by a Kennedy

Title VIII, Chapter 54, Section 140 is modified as follows:

Strike subsections a, b, c, d, e.

Replace with the following:

a) Upon failure to choose a senator for the non-Kennedy seat, or representative in congress or upon creation of a vacancy in that office, the Governor:

    1) If he or she is a Democrat in good standing, shall appoint a Democrat in good standing to serve for the remainder of the unexpired term.

    2) If he or she is not a Democrat in good standing:

        a. The governor shall immediately cause precepts to be issued to the aldermen in every city and the selectmen in every town in the district, directing them to call an election on the day appointed in the precepts for the election of such senator or representative. The day so appointed shall not be more than 160 nor less than 145 days after the date that a vacancy is created or a failure to choose occurs. Filing a letter of resignation creates a vacancy under this section, even if the resignation is not effective until some later time, but the date of the election to fill a vacancy under this section shall be after the resignation is effective.

        b. If a vacancy under this section is created after February 1 of an even-numbered year, the governor shall not issue the precepts required by subsection a., except as subsection c. provides for a vacancy for senator.

        c. If a vacancy is created for senator in congress after April 10 of an even-numbered year, the governor shall issue precepts under this section, unless section 152 requires that office to appear on the biennial state election ballot in that year. If this section prevents issuance of precepts for senator, the office shall appear on the biennial state election ballot in that year. If a vacancy for senator is created after April 10 of an even-numbered year, but on or before the seventieth day preceding the regular state primary, the precepts shall appoint the day of the regular state primary and the biennial state election for holding the special primary and special election required by this section.

        d. If at the time a senator or representative in congress is elected at the biennial state election, there exists a vacancy in that office, the senator or representative shall also be deemed to have been elected to serve out that vacancy.

        e. A senator elected to fill a vacancy under this section shall serve for the remainder of the unexpired term.

b) Upon failure to choose a senator for the Kennedy seat, or upon creation of a vacancy in that office, the governor shall choose a Kennedy Democrat in good standing.

I think this bill perfectly solves the current problem facing the Democrats, and helps them avoid any future problems involving Senate vacancies.  Of course, some may object to a potential unconstitutionality inherent within this statute.  To this argument, I reply – this is a Democratic state!