When Kerry was running for president, there was a fear that he would win and Mitt Romney (then the Republican governor of Massachusetts) would appoint a Republican to fill his seat. So the legislature passed a law that if there is a vacant Senate seat,
it should be filled by a special election to be held between 135 and 160 days after the vacancy. Now there's a worry that Kennedy will die, leaving a seat vacant during the upcoming health care votes. Naturally, the Democrats in Massachusetts want to change the law again to allow the governor to appoint a "caretaker" Senator.
Jason Zengerle comments:
I think there's a good lesson here about legislative bodies being careful not to muck around with these sorts of rules for short-term political gain. Now, obviously, that lesson would seem to suggest that the legislature not mess with the rule as it now exists--that the seat remain vacant until a special election is held to fill it within five months--except that rule seems really stupid. Kennedy's proposal--have the governor appoint an interim Senator who pledges not to run in the special election--seems exceedingly sensible.
Matthew Yglesias responds:
But when you have a state whose state legislature is firmly and forever in the hands of one political party, the smart thing is for the legislature to be constantly changing rules based on short-term considerations.
Yglesias is completely wrong. If the situation arose where there was a Democratic legislature and governor, and a Republican Senator dropped dead, Yglesias seems to be suggesting that it would be appropriate for the legislature to change the rules so that the governor could appoint a Democrat to the Senate. Not only is this not small-d democratic, but it also breeds extreme cynicism.
The fact that Yglesias is completely wrong does not make Zengerle completely right. He is half right. The original tweak was intended to prevent a governor from reversing the results of an election via his special power to fill vacancies. While this change may have been "for short-term political gain", it also had the advantage of being just and democatic. A governor should not be able to overrule the choice of the people.
Unfortunately, upon testing in real world conditions, it turns out that the changed law has a major flaw: it leaves Massachusetts under-represented in the Senate for at least 135 days after a vacancy. As Zengerle says, the proposed solution "seems exceedingly sensible". And it is. They should implement it.
In product design, I am a big fan of
iterative design. It turns out that it is also applicable to politics.