Before Kennedy died, he asked, and now Governor Deval Patrick wants the opportunity to handpick an interim successor to fill Kennedy’s seat until a special election is held on January 19, 2010. The election dates, according to the secretary of state’s office, will be the January 19 date for the general election. A statewide primary will be held on December 8, 2009, and any candidate wishing to seek the Senate seat must file signatures no later than October 20, 2009.

A bill  that’s currently before the House would change the law back to the original one that the Democratic-controlled Legislature changed four years ago when it looked as though Senator John Kerry may win the presidency.

At that time, Republican Governor Mitt Romney had the authority to choose a successor to Kerry. The House and Senate feared if Kerry had won the national election, the historically Democratic seat might be changed by Romney to allow for a Republican to hold the seat until the special election, thus giving the Republican an advantage of incumbency during the primary and general election.

The Democratically controlled House and Senate moved quickly to change the law and stripped Romney of the power to choose a Kerry successor. “It was definitely politics then,” said Senator Anthony Petruccelli, who was the former chair of Election Laws and a state representative at the time. “This time, however, there’s too much at stake with health care reform to allow the seat to be vacant until January 19, 2010.”

Petruccelli is one of many Democrats lined up to support a the measure and reinstate the Massachusetts governor’s power to choose a U.S. senator from the commonwealth.

“This was Senator Kennedy’s dying wish, and I think we can give a man that served this state and his country for 47 years his last wish,” said Petruccelli.

The difference this time is that Patrick has vowed, unlike Romney, to chose an interim senator who won’t be a candidate in the December 8th primary election. Patrick has told members of the House and Senate that he’d wait until after the October 20th deadline for signatures to be filed with the secretary of state’s office. This way, he can choose someone who isn’t in the field of candidates vying for Kennedy’s seat.

Petruccelli said he will attend a September 9th public hearing at the State House that will allow members of the public to voice their opinions and discuss the issue. At the hearing, state Democrats are sure to remind the public that Kennedy’s death has deprived Democrats of the critical 60th vote in the 100-seat U.S. Senate that will allow them to overcome Republican roadblocks to the healthcare reform bill being backed by President Barack Obama.