Gov. Parson and Lt. Gov. Kehoe voted yes on a bill that would have prohibited Parson’s appointment

Governor Mike Parson appointed Lieutenant Governor Mike Kehoe to the second most powerful position in the state at a news conference Monday afternoon.

In May 2013, House Bill 110 passed the senate, where both Kehoe and Parson voted YES to the house bill. The bill Parson and Kehoe voted YES to would have prohibited Parson’s appointment power in Monday’s news conference.

The bill went all the way to Democratic Governor Jay Nixon before it was vetoed.

House Bill 110 said, “In case of death, resignation, removal from office, conviction after impeachment, or vacancy from any cause in the office of lieutenant governor, the governor shall, within thirty days, issue a writ of election to fill the vacancy for the remainder of the term in which such vacancy occurred and until the successor is elected, commissioned, and qualified.”

It would have made the empty lieutenant governor position go to an election instead of Parson appointing someone to the seat.

ABC 17 News asked Parson about his prior vote on the 2013 bill, his communications specialist sent us this statement, “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.”

There was debate swirling around the capitol that questioned if Parson’s appointment process was considered legal.

“It is necessary and within my authority to appoint the next Lieutenant Governor. My position is not unique in fact, it is the same view that has been held by nearly every governor in recent history,” Gov. Parson said during his news conference Monday when he appointed Kehoe.

The constitution does not explicitly state how the lieutenant governor seat gets filled following a governor’s resignation.

The constitution gives the governor the power to fill vacancies in Article Four Section four, “unless otherwise provided by law.” However, the lieutenant governor seat is listed as an exception.

Parson took the constitution to mean he has the power to appoint a lieutenant governor.

At least five former governor’s agree with Parson’s interpretation including the following two.

Former Missouri Governor Christopher S. Bond said, “the people of Missouri deserve a full slate of constitutional officials serving them and the governor needs a lieutenant governor. I applaud Governor Parson for demonstrating leadership by filling this vacancy in a thoughtful and deliberate manner.”

Former Missouri Governor Jay Nixon said, “Missourians are best served by having a Lt. Governor in office. In 1992, Missouri voters added significant additional duties to the office that would be unmet if the position remained vacant. Also, Missouri’s unique succession laws could cause constitutional challenges if the governor becomes disabled when the Lt. Governor’s Office remained vacant. As Attorney General and later Governor, I research this issued extensively and firmly believe the Governor has the authority to fill a vacancy in this office by appointment.”

However, Missouri Democratic Chair Stephen Webber disagrees. Webber filled a lawsuit under the Missouri Democratic Party with the Cole County Circuit Court requesting the appointment be rescinded. Webber said, “under the Missouri Constitution the governor doesn’t have the authority to appoint a Lieutenant governor, that power has to be given to him by the state legislature.”

House Bill 110 went on to say, “such election shall be held at the next general election. The candidates for the election shall be nominated and placed on the ballot in accordance with the provisions of sections.”