SACRAMENTO, Calif. — Now that Joe Biden has chosen Sen. Kamala Harris as his running mate, the next big question Californians are asking themselves is how the vacant Senate seat will be filled if the Biden-Harris ticket wins in November?
If Biden and Harris win, it's up to Gov. Gavin Newsom to choose a new U.S. Senator to represent California and his choice could shape the state’s politics for decades.
"It's a legacy decision for Gavin Newsom," said Mindy Romero, the director of the Center for Inclusive Democracy, a non-partisan public policy research institution.
That's possible because California is one of 36 states where the governor can appoint an interim U.S. senator to a vacated seat to serve the remainder of the term, or until the next general, statewide election.
However, at least one state lawmaker is trying to stop that from happening.
"When governors have had this opportunity, in various states across the country, it's just been rife with corruption,” Assemblymember Kevin Kiley (R-Rocklin) said.
The last time a scenario like this came around was back in 1991. U.S. Sen. Pete Wilson vacated his seat when he was elected governor and appointed Republican State Sen. John Seymour to fill it. Less than two years later, in 1992, he was ousted by Sen. Dianne Fienstein, who still holds that senate seat to this day.
That’s why Kiley introduced a bill last year that would require a special election if a congressional seat is vacated.
“I just think when you have what's one of the most important offices in the country, a United States Senator from California, someone who could very well serve for decades, then people in California must not be disenfranchised," Kiley said.
According to Kiley, there have been nine cases between 1933 and 1977 where governors appointed themselves, de facto, by stepping down as governor and having the successor tap them as senator.
His bill is currently stalled in the legislature. Kiley is now calling for an emergency hearing since the U.S. Senator's seat could open up in just a few months.
Lawmakers have until August 31 to sign it into law.
Read more from ABC10
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