Bill aims to deny appointee Kerry post
The state Senate is expected to consider a bill today that would leave Massachusetts without one of its two US senators for at least four months next year while politicians prepare for a special election to replace John F. Kerry if he wins the presidency.
Common Cause, a public interest watchdog group, and Governor Mitt Romney urged lawmakers yesterday to allow Romney to appoint a temporary seat holder to represent Massachusetts until a special election is held, but Democrats in the Legislature rejected the idea because they fear it would give Republicans a political advantage.
"Particularly, in [the] world today, when you are talking about homeland security, we can't afford to not have the ability to immediately appoint a senator, especially in the event of a catastrophe," Romney said in Washington, D.C., where he was testifying on the issue of same-sex marriage.
Pamela Wilmot, executive director of Common Cause, and Secretary of State William F. Galvin, a Democrat and the state's chief election officer, also have called for lawmakers to allow the installation of a temporary senator during the special process. Both had advocated a six-month election process that would allow a wider field of candidates and accommodate federal requirements such as distributing ballots to military personnel.
"I am quite sure I'll be in federal court," said Galvin, who said he anticipated civil suits to force a longer election process. "The rights of voters come ahead of parties and candidates."
In hope of a Kerry victory, Democrats have crafted a bill that calls for a special election within 120 to 145 days after a senator declares he or she is vacating the seat. The Democrats' legislation strips Romney of his authority to name a senator who would serve until the next statewide election in 2006. The bill, scheduled to be taken up today in the Senate, also bars a temporary appointee until voters can choose a replacement.
Democrats worry that a temporary appointee, presumably a Republican appointed by Romney, would have an advantage in the special election. US Representatives Edward J. Markey of Malden and Martin T. Meehan of Lowell have declared they will seek the seat if Kerry wins in November and are raising money for a race. Other Democrats, including Representatives Stephen F. Lynch of South Boston and Barney Frank of Newton have said they might run.
After the Democrats made the details of the bill public, Romney's communications director, Eric Fehrnstrom, called the legislation "a blatant power grab that shortchanges voters and limits the field of viable candidates to incumbent Democratic congressmen who want to move up without sacrificing their seats."
"We agree with Common Cause that there needs to be more time for an election to take place and that Massachusetts should not be unrepresented in the Senate during the interim," Fehrnstrom said.
The two committee chairmen, Representative William M. Straus, Democrat of Mattapoisett, and Senator Brian A. Joyce, Democrat of Milton, said they are increasing the number of days for a campaign to accommodate Galvin's concern. But they said they did not believe that six months is necessary.
"At some point the voters get a little fatigue from campaigns," Joyce said.
They also said the concern raised over Massachusetts losing a vote in the Senate for some months are outweighed by the political advantage that a temporary officeholder could have in a special-election campaign.
"It is an issue, but in this case, given a relatively prompt election process, I believe the voters ultimately are better served having a US senator in office who they picked, rather than a US senator who was picked for them," Straus said.
"A decision by the voters is always preferable," he said. Allowing Romney to fill the seat temporarily would put "the governor's thumb on the scale" in the selection process.
Because Romney would chose a Republican, the legislation has also become part of the national battle between Republicans and Democrats to control the US Senate, where the GOP hold a wafer-thin margin.
The issue has also thrust Romney into the national spotlight as President Bush's campaign uses the Massachusetts governor to challenge Kerry on a number of fronts.
Romney was in Washington yesterday testifying before the Senate Judiciary Committee in support of a federal constitutional amendment banning gay marriage, a measure that Kerry opposes.
Last week, in a coordinated attack by the Bush campaign, Romney and Lieutenant Governor Kerry Healey called on Kerry to resign immediately because he has missed 87 percent of the Senate roll calls this year.
The resignation would allow the governor to chose a successor, who would serve for the next 2 years. Kerry dismissed the governor's demands, saying he is serving the people of Massachusetts by seeking the presidency and pushing for "the proposals I have laid out."
Asked about the special-elections bill, Romney again needled the senator over his voting record. Romney said Kerry's absences have made him eager to fill the Senate seat if it opens up. He disavowed any interest in seeking the seat, saying "No, I have no interest in serving in the United States Senate or appointing myself to such a position."
Raphael Lewis of the Globe staff contributed to this report.
