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29 N. Ky. L. Rev. 433 (2002)
Missouri Compromise: Did the Posthumous Senatorial Election of Mel Carnahan and Subsequent Appointment of Jean Carnahan Compromise Federal or State Law

handle is hein.journals/nkenlr29 and id is 443 raw text is: V 29 - 'NORTHERN KENTUCKY LAW REVIEW, MISSOURI COMPROMISE: DID THE POSTHUMOUS SENATORIAL ELECTION. OF MEL CARNARAN AND SUBSEQUENT APPOINTMENT OF JEAN CARNAHAN COMPROMISE FEDERAL OR STATE LAW? by Michael G. Adams' I.'INTRODUCTION At approximately seven-fifteen p.m. on Monday', October 16, 2000, Missouri Governor Mel Carnahan and an aide took off froim St. Louis iii a twin- engine' six-seat Cessna aircraft piloted by Carnahan's.-son, Roger Randy Carnahan.2 The Democratic Party's nominee for U.S. Senate, Governor Carnahan was headed to New Madrid, Missouri, for a political event in his heated campaign against incumbent Republican Senator John Ashcroft. At approximately seven-thirty-two p.m., the .plane crashed in northern Jefferson County, Missouri, killing all three passengers.4 At two-thirteen a.m. Tuesday morning, Lieutenant Governor Roger Wilson was sworn in as governor to serve the remaining three months in Carnahan's terr.5 Because the pitched battle for U.S. Senate in Missouri was only one of several'such contests which would determine party contiol 'of the Senate in the 107th Congress, speculation about the political ramifications of Carnahan's death commenced almost immediately. Asked what Carnahan's demise portended for the upcoming election, former Missouri Senator JohnDanforth,, Ashcroft's predecessor, said simply, It means John Ashcroft is reelected. Political analyst Stuart Rothenberg chimed in, saying the national Democratic Party now faced a real long shot in its bid for a Democratic Senate.7 Although the Democratic Party of Missouri would have been able to substitute another candidate for Carnahan had it done so before 5:00 p.m. on the fourth Friday priorto the election8 - in this 'The author currently serves as a law clerk to the Honorable John G. Heybum I1, Chief Judge, U.S. District Court for the Western District of Kentucky. Mike wishes to thank Professor Ronald Levin of Washington University Law School for his invaluable assistance, and Christian J. Ward for his advice and constructive criticism. 2 See How Carnahan Spent His Last Hours, ST. LouIs PosT-DSPATCH, Oct. 18, 2000, at A15; Ken Leiser, Randy Carnahan Was Flying Plane Under Instrument Flight Rules, ST. Louis PosT- DISPATCH, Oct. 17, 2000, at Extra Edition p. 6. 3 See Last Hours, supra note 2. 4 See id. 5 See Virginia Young, Somber Wilson Assumes New.Duty; He Was Leaving Office, But Death ofa Friend Changes His Life, ST. Louis POsT-DISPATCH, Oct. 18, 2000, at Al 8. 6 See Monica Davey and Bob Kemper, Governor's Death Shocks Missouri Race, Leaves Democrats in a Bind, CHI. TRu., Oct. 18, 2000, at News p. 12. 7 See id. 8 See Mo. REv. STAT. § 115.373.1 (West 2001): The name of a candidate selected by a party nominating committee for a Vol 29:3

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