It’s been more than six weeks since U.S. Senator Mitch McConnell was hospitalized after a fall in his home in June, raising questions about his ability to serve the remainder of his term, which ends in January 2027.

Because of McConnell’s absence and the lack of information about his health condition, Kentucky Democratic Gov. Andy Beshear and others have called on McConnell to step aside if he cannot continue in the role. However, Beshear can’t do much to replace the former Republican leader amid his continued absence from public life, legal experts told Queer Kentucky.

This is not the first time that an elected official has seemingly vanished recently. New Jersey Republican U.S. Rep. Tom Kean Jr missed more than 140 votes earlier this year during a 142-day absence from public life. He eventually revealed that he had been hospitalized with severe depression. Florida Democratic U.S. Rep. Frederica Wilson was mysteriously absent from public life this year, missing more than 40 House votes due to eye surgery.

McConnell’s team has released photos and statements to address rumors around the senator’s health, but his team has provided little detail on the status of his recovery.

Queer Kentucky reached out to Beshear and McConnell’s offices with questions on what the elected officials plan to do next. Neither responded.

Here’s a brief breakdown of what Beshear can do to replace McConnell.

Apply pressure on McConnell to resign

Beshear does not have any legislatively granted power to remove a U.S. Senator from his post, multiple legal experts said. But what he can do is apply pressure on McConnell and his team to have the senator step down if he is incapacitated and unable to do his job.

“He has sort of the power of the podium to be able to advocate but no formal power,” said Quinn Yeargain, an associate professor of constitutional and criminal law at Michigan State University.

This is what Beshear attempted to do earlier this week. On Monday, Beshear sent McConnell a letter giving the Republican senator an ultimatum to prove he can still serve or resign.

“As Governor of the state you serve, I am calling on you to directly and verbally address the people of Kentucky and provide proof of your capacity to serve, or resign,” Beshear wrote.

Beshear added in the letter that a Senate vacancy happens when “a senator dies, resigns, or is expelled by a vote of the Senate itself,” and warned that if McConnell did not show proof that he was still fit to serve, he would urge Senate GOP Leader John Thune to begin the process of his expulsion.

Hold a special election if McConnell is forced to leave office

The U.S. Senate can not vote to remove a senator because they are ill, incapacitated, or absent because there is not a recognized constitutional ground that triggers that formal process, legal experts said.

“It really doesn’t matter if he [McConnell] slips into a vegetative state because he is still alive, and there’s nothing that could be done about that,” said Sanford Levinson, a constitutional law professor at the University of Texas. “That’s a terrible feature of the Constitution.”

The Senate does have the power to hold a vote to expel a senator for misconduct. But even if that vote were to happen, the Senate would need a two-thirds vote in favor of removing McConnell to expel him from his seat.

If McConnell leaves office, it’s a bit unclear what Beshear can do to replace him.

A Kentucky governor used to be able to appoint a temporary U.S. senator from an approved list provided by the departing senator’s political party until a special election was held.

But Kentucky lawmakers repealed that statute in state law during 2024. Now, the law requires the governor to hold a special election to fill vacancies in Senate or House seats.

Some legal experts argue that under Section 152 of the Kentucky Constitution, a special election must be called to fill a vacant seat if there are more than three months between a vacancy and an election. Monday, August 3 marks that three-month deadline for Beshear. Beshear, however, stated that date “has no legal impact on my options should a vacancy occur this year.”

The governor is also required by law to issue an official writ or proclamation announcing the special election at least 63 days before the election date, legal experts told Queer Kentucky. And political parties, groups, or independent candidates must file certificates or notifications of nomination at least 56 days before the election.

But, Yeargain added, there is a legal argument based on a provision in the Kentucky Constitution that states if there is no other way established by law to fill a vacancy, the governor has the power to fill the vacancy. But this argument has not been tested in Kentucky after lawmakers recently changed how such vacancies can be filled,, according to Yeargain.

Beshear could try to rely on this clause to argue that he does have the power to appoint a replacement for McConnell if his seat becomes suddenly vacant. But, Yeargain said, that decision would likely spark a state legal battle in Kentucky state courts and potentially in federal court.

“It queues up a real conflict,” Yeargain said.

Do nothing

Beshear could also simply not take any steps to replace McConnell. Kentucky has not had a Democratic senator since 1992 which suggests that a Democrat might not be able to win an election to replace McConnell in a special election

Beshear has publicly said McConnell missing votes could actually be a good thing for Democrats since the lawmaker can not do any harm in his absence.

“McConnell hasn’t been there to vote on the SAVE Act, which would tear voting rights away. He hasn’t been there to vote to support this war in Iran that this president started and shouldn’t be continuing,” Beshear told Bloomberg’s Joe Mathieu.

“Not having Mitch McConnell show up isn’t necessarily a bad thing because he certainly doesn’t show up to help the American people.” .