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The answer may not be simple but McConnell has made his own rules in the past. Governor Beshear should appoint a replacement and let it play out in court. At the very least McConnell would have to provide proof of life.

The Republican-controlled Senate would refuse to seat that appointment given the dubious constitutionality. Even if the person were seated, they would serve only about five months before the general election winner replaced them. A Democrat would reduce but not flip the Senate majority. (1/2)

I also don’t think an appointment by Beshear would be seated. As a Kentuckian, I don’t see us having a Democrat in any statewide elected seat again for decades. I will be voting for Charles Booker in November.

Plus, there would be risk of a backlash among Kentucky voters that could affect Charles Booker's already slim chances in the general. Basically, it doesn't seem like a good expenditure of Beshear's political capital. (2/2)