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Gov Beshear to be able to do what the Constitution says he can. 
Beshear also wrote in his veto statement that SB 228 violates Section 152 of Kentucky's constitution, which states a governor "shall" fill appointments or vacancies in the state at large. The governor wrote that "no conditions, qualifications, or limits are placed on that appointment power" in that section of the constitution."
https://www.courier-journal.com/story/news/politics/2023/07/28/heres-how-kentuckys-law-works-for-filling-u-s-senate-vacancies/70484359007/
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