In mid August, 2009, Ted Kennedy sent a letter dated July 2, 2009, to the Governor of Massachusetts and Massachusetts legislative leaders, requesting that the law be changed to permit the Governor to appoint a senator. [1] [2]

In 2004, when William Weld Mitt Romney was the Republican governor of Massachusetts, and John Kerry was running for president, the Democratic Legislature overrode Weld's Romney's 2004 veto of the change in the law for filling vacancies for the U.S. Senate from Massachusetts, removing the governor's opportunity to appoint a senator. Massachusetts is one of the few states that enjoins the governor from appointing a senator to fill out a vacant term. An Election is mandatory to fill a vacancy.

If Kennedy wishes to establish a non-vacancy, the expedient way to do so is to resign as of an effective date, greater than 145 days from the submission of the resignation. The law is structured so that that resignation can be received and acted upon, even if the effective date of the resignation is several months in the future. An election may occur, and there might be no vacancy at all. No request to the legislature is required.

At present the state of Massachusetts has a very sick senator in office that cannot appear for public events, or appear in the Senate for issues of the greatest import to either himself, the state, or the nation. He is the chair of the committee in charge of the Health Reform bills, and it is well known that health care is one of the most important issues in Kennedy's senate career. Witness Kennedy's inability to appear for the recent medal awarded by Obama, and the public service for his deceased sister that he did not appear for.

It is time to have a presence in office where genuine advocacy, legislative negotiation, and promotion of the interests of the people of Massachusetts can be felt by the rest of the United States House and Senate.

More than a few articles have been published regretting that the most important project of Kennedy's political life does not have Kennedy's interaction, presence and promotion. It is time to have an active senator for Massachusetts, and Kennedy can provide that senator by resigning on September 1, effective February 1 2010. February 1st a key date in the statue.

That is within the bounds of the statutory regime, for an election betweeen
held 145 to 160 days from the notice of resignation.

January 31, 2010 is 152 days from September 1 2009.[3]

Get out of the way Ted Kennedy, we need an active Senator for Massachusetts. Your time is up for the duties that you were elected to. They are not being accomplished.

From the Statute:
"Filing a letter of resignation creates a vacancy under this section, even if the resignation is not effective until some later time, but the date of the election to fill a vacancy under this section shall be after the resignation is effective."

Addendum: Senator Kennedy died Tuesday, August 25, 2008, in Hyannisport Massachusetts, at the Kennedy compound. We won't see a people's advocate like him again. Ted Kennedy (via Wikipedia)

[1] Phillips, Frank. "Kennedy, looking ahead, urges that Senate seat be filled quickly Seeks law change for interim post." Boston Globe August 20, 2009 http://www.boston.com/news/local/massachusetts/articles/2009/08/20/kennedylookingaheadurgesaquickfillingofsenate_seat/

[2] Kennedy, Edward M. Letter to Massachusetts Governor Duval Patrick, President of the Senate Therese Murray, and Speaker of the House Robert DeLeo. July 2, 2009. http://cache.boston.com/bonzai-fba/Third_Party_PDF/2009/08/20/kennedy_letter__1250757221_6262-2.pdf

[3] Chapter 236 of the Acts of 2004 - An Act Relative to Special Elections to Fill Vacancies for Senator and Representative in Congress http://www.mass.gov/legis/laws//seslaw04/sl040236.htm