JEFFERSON CITY, Mo. (AP) — Missouri Gov. Mike Parson appointed state Senate Majority Floor Leader Mike Kehoe to be the new lieutenant governor on Monday, despite some legal uncertainty about whether he has the authority to fill the position.

Missouri’s constitution isn’t clear on whether a governor has the authority to appoint a lieutenant governor, which is the state’s second-ranking executive position. Historically, some governors have claimed the right to do so, but legislators have argued that the position must be filled by voters, since the governor and lieutenant governor are elected separately.

The lieutenant governor’s office has been vacant since June 1, when former Gov. Eric Greitens resigned and Parson ascended to the top spot.

 

Honored to appoint Mike Kehoe as the next Missouri Lt. Gov — This is an important position, not just because of duties assigned by MO law & the state constitution, but also to reassure Missourians that all operations of state government will continue. #MissouriForward pic.twitter.com/aylGU6wiyf

— Governor Mike Parson (@GovParsonMO) June 18, 2018

Both Parson and Kehoe are Republicans.

The constitution provides no details about how a lieutenant governor should be replaced, but it does give governors the power to fill vacancies, “unless otherwise provided by law.” Missouri law, meanwhile, stipulates that the governor has the power to fill empty elected offices, but it lists a few exceptions, including the role of lieutenant governor. Another law says the governor and lieutenant governor should remain in office “until their successors are elected and qualified.”