Romney offers plan on an interim senator

Governor Mitt Romney, seeking to retain some control over choosing US Senator John F. Kerry's replacement if he wins the presidency, yesterday offered Beacon Hill's two top legislative Democrats an opportunity to help him pick an interim.

Under Romney's proposed compromise, unveiled by a top aide on the steps of the State House yesterday afternoon, the governor would submit for approval the name of the person he wants to temporarily fill the vacancy to House Speaker Thomas M. Finneran and Senate President Robert E. Travaglini.

The appointee would serve until a special election next spring and could run in that election. Democrats want to hold a special election -- they believe their party would win -- but Romney is arguing that their approach would leave the US Senate seat vacant for several weeks until the election.

''I think this is going to be well-received," said Daniel Winslow, Romney's chief legal counsel, who explained the proposal. ''Compromise is, after all, what makes democracy work, and it's a compromise that makes good sense on many levels, but particularly with respect to the needs and the importance of having equal representation in the United States Congress and Senate."

The governor's gambit was immediately dismissed by Democratic legislative leaders yesterday, as well as by Secretary of State William F. Galvin, a Democrat who is the state's top elections official.

Galvin also suggested that Romney may be trying to run out the clock on the Legislature. If the Legislature doesn't pass a law, the current setup stands -- Romney would retain his appointment powers and could name Kerry's successor on his own, without Democratic input or a speedy special election. The appointee would serve until 2006.

''I'm trying to be as fair as I can about this, but when I start to see these kinds of ideas, which kind of look like a little gamesmanship, I can't imagine it's being put forth in good faith," he said.

Galvin also said he believes the governor's bill violates the US Constitution, which gives the executive branch the sole power to appoint interim senators. Unlike many Democrats, Galvin supports the governor's right to select the appointee without legislators' input.

Even with the outcome of the race for president far from certain, both parties are trying to gain the upper hand if Kerry wins and the seat becomes vacant. The successor could help tip the balance of power in the narrowly divided Senate and set the course for the next administration's agenda.

Worried that the current law gives the GOP the upper hand, the Democrat-controlled Legislature has passed a bill that would call for a special election to be held 145 to 160 days after Kerry declared his intent to resign. Romney rejected that bill yesterday and offered his compromise bill.

One key element to the compromise would seemingly give the interim senator an upper hand: When a special election is held, the interim senator would be free to run for the seat, wielding the power of incumbency against a field that could include several of the state's congressmen, who have been mentioned as potential candidates.

Winslow said yesterday that he had not spoken with Finneran or Travaglini about the bill, but he stressed that Romney does not want to leave the Senate seat vacant even for a few weeks.

He argued that matters concerning war and peace are decided in the Senate, as well as home-state concerns, such as federal spending on homeland security, state highways, contracts for defense firms, and military base closings. He said an interim senator could help the state reap its fair share in federal dollars.

Democrats who control the Legislature have more than enough votes to decide the measure, but Winslow predicted it would be warmly welcomed.

Under Romney's plan, he would submit the name to Travaglini and Finneran. One of the two legislative leaders would have to approve the pick within three days. The governor would have up to three opportunities to find a senator acceptable to the two Democratic leaders, at which point he would be free to name anyone he chooses, should they reject his three prior picks.

Massachusetts Democrats, digesting the proposal yesterday, raised a host of concerns, with several calling it little more than a political ploy that was sure to fail.

''At first blush, it strikes me as a clever political ploy," said Senator Brian A. Joyce, a Milton Democrat who is cochairman of the Election Laws Committee. ''Just as we don't believe the governor should have the unilateral power to appoint a senator, neither should the speaker nor the Senate president be making the appointment. Just let the people decide."

''It's ridiculous," said Representative J. James Marzilli Jr., Democrat of Arlington. ''We choose senators and members of Congress in elections. We shouldn't let politicians make those choices for us."

He said he was unconcerned about leaving the seat vacant while a special election is held.

''We already have a congressional delegation, and we'll always have at least one member in the United States Senate," he said. Joyce said that a Kerry White House would care for Massachusetts' concerns.

Finneran and Travaglini could not be reached for comment yesterday. Kerry spokesman David Wade, in town yesterday with the candidate, said the campaign will leave the details to state leaders.

''The election we're focused on is on Nov. 2," Wade said. ''We trust the good judgment of policy makers in Massachusetts to decide what will follow."

Material from the Associated Press was used in this report.