JEFFERSON CITY, Mo. _ Just hours after Gov. Mike Parson appointed a former colleague to the No. 2 post in state government, the Missouri Democratic Party filed a lawsuit seeking to require the lieutenant governor position only be filled by an election.
Seizing on legal and constitutional questions that surround the ability of a chief executive to fill a vacancy in the lieutenant governor's office, the Democrats and lead plaintiff Darrell Cope of Hartville are asking a Cole County judge to block former Sen. Mike Kehoe's appointment and to give voters the chance to elect the next lieutenant governor.
Cope, a World War II veteran, argues that he has standing to sue because one of the lieutenant governor's duties is to serve as an advocate for veterans.
"I fought Nazis in World War II to defend our freedoms, including our freedom to elect our leaders," Cope said in a written statement. "I don't need Republican politicians picking the state Veterans Advocate in back room deals. I want an opportunity to vote for my Lieutenant Governor, and as a World War II combat veteran I've earned that right."
Parson, a former senator who was elected lieutenant governor in 2016, moved into the top spot on June 1 following the abrupt resignation of former Gov. Eric Greitens. In an announcement Monday, the Republican governor was flanked by two attorneys as he said he had the legal ability to appoint the 56-year-old Jefferson City Republican.
In the lawsuit, Democrats say the appointment should be nullified.
"Governor Parson is without legal authority to appoint a Lieutenant Governor," the suit asserts.
Parson spokeswoman Kelli Jones said the governor is confident the appointment will be successfully upheld.
"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," Jones said Tuesday.
Kehoe did not respond to a request for comment.
Parson's appointment followed an attempt in the Legislature this spring to enact a law that would allow a governor to appoint a lieutenant governor if the post becomes vacant.
The effort was approved in the Senate but rejected by the House.
The legislation would have clarified what has become a disagreement among legal experts and lawmakers on whether a Missouri governor has the power to fill the vacancy.
On Monday morning, former Gov. Jay Nixon, a Democrat, released a statement in support of Parson's ability to name a replacement lieutenant governor. Nixon served as attorney general before being elected governor in 2008.
"As Attorney General and later Governor, I researched this issue extensively and firmly believe the Governor has the authority to fill a vacancy in this office by appointment," Nixon wrote.
Former Missouri Supreme Court Chief Justice Michael Wolff, however, told the St. Louis Post-Dispatch Monday there was no law authorizing the governor to appoint, nor the voters to elect, a person to serve as lieutenant governor to fill a vacancy in the office.
Democratic Party Chairman Stephen Webber chided Parson for a vote on legislation in 2013 that would have required the lieutenant governor post be filled through an election. That legislation, which also was backed by Kehoe, was vetoed by Nixon.
"Veterans like Darrell have earned the right to choose their own leaders by voting," Webber said. "As a state senator, Mike Parson voted to hold an election in this exact situation. It's disappointing that Parson is willing to abandon his beliefs to grab more power for his political buddies."
Not all Democrats were critical of Kehoe's appointment.
Senate Minority Leader Gina Walsh, D-Bellefontaine Neighbors, and Assistant Minority Floor Leader Shalonn "Kiki" Curls, D-Kansas City, issued statements supporting Kehoe's new role.
