However, regardless of illness, does the Senator have the right to change election law just to avoid it?
Senator Edward Kennedy (D-MA), forwarded a letter (PDF format) to Massachusetts state lawmakers which asked them to change a portion of state election laws which mandates that state senators must be elected. In the letter, the Senator, who is currently suffering from brain cancer, asks state legislators to choose an interim replacement for his Senate seat in case he is unable to fulfill his obligation. The Massachusetts succession law amended in 2004 states that any United States Senate seat that becomes available within the state, must be filled through a special election. It further provides that the special election occur no less than 145 days after the seat becomes available. Senator Kennedy’s argument is that this would leave the state with only one senator for months. Although his letter does not directly state such, Kennedy’s letter appears to be an effort to maintain Democrat ownership of his seat for key votes on healthcare reform. Not surprising, as Senator Kennedy, known for
