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Kennedy's Seat Likely Vacant Until 2010

By Jason Farago,  Newser Staff

Posted Aug 26, 2009 6:45 AM CDT

(Newser) – Ted Kennedy's Senate seat will likely remain vacant until early next year, reports CBS News. Massachusetts law specifies that a special election be scheduled between 145 and 160 days from now, and doesn't allow Gov. Deval Patrick to appoint an interim successor. Kennedy himself urged Massachusetts legislators in a recent letter to overturn that provision, with an eye to the importance of every Democratic vote when a health care reform bill comes to the floor.

Patrick is expected to call a special election on Jan. 19 or Jan. 26, 2010. The state Senate president is reported to be seeking support for allowing an appointment, but the legislature is on recess until Labor Day. Kennedy suggested that the governor name someone willing to make an explicit commitment not to run for the seat.

Ted Kennedy with Massachusetts Gov. Deval Patrick in Boston in 2007. Patrick will call a special election in 2010 to fill Kennedy's Senate seat.
Ted Kennedy with Massachusetts Gov. Deval Patrick in Boston in 2007. Patrick will call a special election in 2010 to fill Kennedy's Senate seat.   (AP Photo/Elise Amendola)
Barack Obama with Ted Kennedy during a rally at American University in Washington, where the elder senator endorsed him for president.
Barack Obama with Ted Kennedy during a rally at American University in Washington, where the elder senator endorsed him for president.   (AP Photo/Charles Rex Arbogast, File)
Ted Kennedy, seen here in a 1990 photo, had pushed for a change to Massachusetts succession laws in the week before his death.
Ted Kennedy, seen here in a 1990 photo, had pushed for a change to Massachusetts succession laws in the week before his death.   (AP Photo/John Duricka, File)
Mass. Gov. Deval Patrick speaks during a news conference at the Statehouse in Boston Monday, June 29, 2009.
Mass. Gov. Deval Patrick speaks during a news conference at the Statehouse in Boston Monday, June 29, 2009.   (AP Photo/Elise Amendola)
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