Citing DC flight disaster, KS Republicans want to change how Senate vacancies are filled
Policy makers have been forced to grapple with difficult topics in the aftermath of the deadly collision between a commercial jet and an Army helicopter over the Potomac River, from the shortage of air traffic controllers to prior near misses at Reagan National Airport.
For Kansas Senate President Ty Masterson, an Andover Republican, one consideration brought on by the tragedy was decidedly political in nature.
“It hit me like a ton of bricks, the last time I was on (Flight 5342), the flight, our direct Wichita, I was literally on that flight with Roger Marshall and Jerry Moran. I thought wait, if that would have been the plane that went down, Laura Kelly could appoint two Democrats,” Masterson said during a March 2 segment of former Wichita lawmaker John Whitmer’s KNSS radio show.
“If we’d have had the position we’d been in before the election where we’re 51-49 (Republican advantage in the Senate) you literally could have had one plane change the balance of power in the United States.”
Kansas Republicans are now pushing to change the process for filling U.S. Senate vacancies, which would also apply to state treasurer and insurance commissioner vacancies. As it stands, Kansas is one of 34 states where the governor is responsible for appointing a replacement to serve until the next general election.
SB 105, which the Kansas Senate passed last month, would require vacancies to be filled by a member of the same party as the U.S. senator who died or left office. The Legislature would be responsible for providing the governor with a short list of three potential appointees to choose from.
The House on Monday gave initial approval to the proposal, recommending it for passage on final action, which is expected later this week. The bill would then go to Gov. Kelly, who could veto it, sign it into law or allow it to become law without her signature.
“The Kansas Constitution clearly states that it is within the governor’s authority to make a temporary appointment to fill vacancies, such as United States Senate seats, when it is necessary until the next election,” said Grace Hoge, a spokesperson for Kelly. “The Legislature’s attempts to change this process is a power grab designed to let special interest override the voice of Kansans.”
Rep. Silas Miller, a Wichita Democrat, called it “distasteful” to invoke the midair collision, which killed all 67 people on the two aircraft, to justify quick action on the proposal to reform vacancy appointments.
“Not everything has to be freaking politicized, in my opinion,” Miller said.
He believes Republicans have another good reason for wanting to pass the procedural change into law this year.
“We all know that Roger Marshall is up for an appointment by the president, and we all know the Legislature doesn’t want Gov. Kelly to have any kind of say or very little say in who takes his place,” Miller said.
No public announcement has been made about Marshall being considered for a position within the Trump administration, but Kansas Democrats have widely speculated about the possibility. The state’s junior senator, first elected in 2020, will be up for re-election in 2026.
A representative for Marshall did not immediately respond to a request for comment.
This story was originally published March 10, 2025 at 2:05 PM.