Last modified: Wednesday, September 23, 2009 2:20 AM EDT

Senate passes fill-in bill

Gov. Deval Patrick will soon have the authority to make a temporary appointment to fill the U.S. Senate seat left open by the death of Sen. Edward Kennedy despite the opposition of two local legislators.

State Sens. Scott Brown and James Timilty both voted Tuesday against a bill granting the governor interim appointment power, but the measure passed 24-16. The House passed it last week.

Timilty, D-Walpole, said he was surprised the debate was shorter and less divisive than he was expecting.

Republicans had blocked a vote for two sessions, but relented Tuesday.

Patrick is reportedly considering Paul Kirk, a former aide to Kennedy; former Gov. Michael Dukakis, former Lt. Gov. Evelyn Murphy or Harvard law professor Charle Olgetree as interim appointments.

The person appointed would only serve until a special election is held in January.

Brown, R-Wrentham, is a candidate in the special election and he argued against the interim-appointment authority, although he has supported it in the past.

He said the bill was being pushed by Democrats in Washington.

"I think it's time for someone to tell the truth here," Brown said. "What's really going on is the national Democratic Party wants a rubber stamp in Washington. There are some important votes coming up in the U.S. Senate on issues like health care reform, cap and trade and immigration reform.

"White House aides and congressional leaders have been burning up the phone lines to lobby for this bill," he said.

Timilty said no one from Washington lobbied him. He said he voted against the bill because he believes a U.S. Senate seat is too important to be filled by appointment, even for a few months.

"For a seat as important as a U.S. Senate seat, I think they should go to Washington with the backing of the people," he said.

Timilty said he believes the state's remaining U.S. Sen. John Kerry can handle matters until the special election selects a second senator.

The vote largely found Republicans and Democrats on the opposite sides of the argument from where they stood in 2004.

Back then, Democrats voted to take away the appointment power from the governor in favor of a special election, while Republicans argued in favor of an interim appointment.

Congressional leaders in Washington have said the interim appointment of a Democrat could prove critical in attempts to get a 60th vote in favor of health care reform.