Missouri Dems sue to block Parson from appointing lieutenant governor, force election

The Missouri Democratic Party has filed a lawsuit in Cole County in an effort to block Gov. Mike Parson from appointing Senate Majority Leader Mike Kehoe as his lieutenant governor.

Parson announced Monday his selection of Kehoe, a Jefferson City Republican, to serve as his replacement as lieutenant governor now that Parson has assumed the position as the state’s chief executive.

But the announcement immediately reignited a decades-old constitutional debate about whether the governor of Missouri has the power to appoint a new lieutenant governor, an issue which is left surprisingly murky by the Missouri Constitution.

The lawsuit seeks to force a special election. In Missouri, the governor and lieutenant governor are elected separately.

Neither the state Constitution nor any state law lays out the specific method for replacing the lieutenant governor.

“This omission evidences the General Assembly’s intent that should a vacancy arise in the office of Lieutenant Governor, the office will remain vacant until the next applicable election,” the attorneys for the Missouri Democratic Party argue in the complaint, which was filed late Monday.

Parson's office pointed to statements from former governors, including Democrat Jay Nixon, supporting the view that the governor has the power to appoint a new lieutenant governor where there's a vacancy.

"Missouri's Constitution is clear in granting gubernatorial authority, and includes a mandate, to fill the vacancy of the Lieutenant Governor. Former Governors of both parties have articulated the exact same position. We are confident this appointment will be successfully upheld," said a statement from Parson's office.

Attorney General Josh Hawley's office, which will represent the state in the case, said in a statement that it "supports Lt. Governor Kehoe and looks forward to working with him and Governor Parson. This Office is prepared to defend the Governor’s decision in court.”

In addition to the state Democratic Party, the lawsuit lists Darrell Cope, a World War II veteran from Hartville, as a plaintiff.

“I want an opportunity to vote for my Lieutenant Governor, and as a World War II combat veteran I’ve earned that right,” Cope said in a statement.

This story was originally published June 19, 2018 at 10:10 AM with the headline "Missouri Dems sue to block Parson from appointing lieutenant governor, force election."