Democratic Sen. Russ Feingold proposed a U.S. Constitutional amendment Sunday that would require all states to hold a special election in the event of an unexpected Senate vacancy.
The proposal was created in light of recent scandals in both New York and Illinois regarding the gubernatorial appointment of candidates in vacant Senate seats.
According to a press release, Feingold said the amendment would make the Senate more responsible to the will of the American people and would finish the job of the 17th Amendment, which transferred senator selection from each state’s legislature to a popular election by the public in 1913.
In order to be added to the Constitution, at least three-fourths of the states must approve the amendment.
“The fact that the people of four states, comprising over 12 percent of the entire population of the country, will be represented for the next two years by someone they did not elect is contrary to the purpose of the 17th Amendment…” Feingold said in his blog Monday.
Feingold said while he has no reason to question the fitness of any of the recent appointees, he believes a Senator should have to make their case to the people who they represent, not just the state’s Governor.
The proposal will be co-sponsored by Sen. Mark Begich, D-Alaska, who said the special elections are the only truly democratic way to fill Senate seats.
Despite the proposal’s present place on the national stage, the amendment has roots unique to Wisconsin. The idea of a directly elected Senate that eventually lead to the 17th amendment came from former Wisconsin Governor and Congressmen Robert La Folette, Sr. during the early 20th century.
La Follette worked with a variety of other national progressive leaders to get the amendment passed.
Wisconsin is currently only one of three states, including Massachusetts and Oregon, that mandates a special election when an unexpected Senate vacancy occurs.
In other states, most vacancies are decided by a governor’s appointment, although states can also put other restrictions and requirements, such as forcing the new appointee from the same party as the former Senator, on the appointments if they choose.
While the amendment is currently receiving national attention, not everyone is a supporter.
According to Wisconsin Republican Party spokesperson Kristen Kukowski, while the party traditionally errs on the side of voter input, this amendment deals with a states’ rights issue, adding that if the state finds a special election necessary, it should be able to choose that option.
Kukowski also said the amendment is unlikely to do anything other than garner media attention.
“It’s going to generate a lot of press for Sen. Feingold in the next few days,” Kukowski said. “It’s pretty unlikely that it’s going to pick up the steam necessary to become a constitutional amendment.”
In his blog, Feingold addressed these concerns saying that while the process of getting the amendment passed may be long and difficult, the time to introduce the measure is now.
Feingold, chairman of the Senate Constitutional Subcommittee, plans to introduce the amendment and hold a hearing on it later this week.