It is true. The man can say "I appoint [x] to be Senator". It is not possible to argue against that. I still don't see what it will achieve. It seems like wishful thinking.
What I didn't think about until now when I was refreshing my memory on this "deadline" is that the deadline is to call a special election. The governor of Kentucky cannot appoint a replacement in case of a vacancy.
You can read the laws at the following links:
- 118.720 Proclamation for special election for Congressional representative or United States Senator -- Winner of special election to hold office for remainder of unexpired term. - this is the statute which required an election be held. Bershear veto'd it but I guess vetos don't count? I don't understand the details.
- 118.770 Time for filing petitions and certificates of nomination for special election of Governor, congressional representative, or General Assembly member. - The deadline in question is for any special election and has nothing to do with appointments.
I noticed you referred to section 152 of the Kentucky Constitution in a different comment. This does not apply to Congress and it is clear in the text of the document. It refers only to "city, town, county, district or State officers". I am not sure who is giving you this information but I would be skeptical of it.