For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months after the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within seventy-two hours after the office is officially declared vacant. Notwithstanding sections , and , for a candidate for office at an election held pursuant to this subsection, the following apply:.
The special primary election shall be held not less than one hundred twenty nor more than one hundred thirty-three days after the occurrence of the vacancy, and the special general election shall be held not less than seventy nor more than eighty days after the special primary election.
Constitution allows states to choose how to fill vacancies in the U. All states do so through elections, but they vary in two ways: whether the vacancy is filled at a regularly scheduled election or at a special election; and whether the governor can make an appointment to fill the vacancy during the period before the election occurs. Presently, 37 states fill Senate vacancies at their next regularly scheduled general election.
The remaining 13 require that a special election be called. And only four states prohibit the governor from making an interim appointment, requiring instead that the seat remain vacant until the next election whether regular or special is held. In another three, the governor may make an appointment to fill the vacancy temporarily, but only under very strict conditions. In the following 37 states, the governor makes an appointment to fill a U.
Senate vacancy, and the appointee serves until the next regularly scheduled, statewide general election. The person elected in that general election serves for the remainder of the unexpired term, if any. If the term was set to expire at that general election, the person elected serves a full six-year term. North Carolina 1. In contrast to the states above, the 14 states listed below require that a special election be held to fill a vacancy in the office of U.
A special election must be held days after vacancy occurs. If the vacancy occurs days before the primary election, the special election shall be held on the date of the primary election. Governor may make a temporary appointment only in cases where a vacancy occurs after the municipal election in the year preceding the last year of the term or in the last year of the term of a senator.
Approval of such nomination requires an affirmative vote of two-thirds of the membership of each chamber of the General Assembly. Politics Expert. Kathy Gill is a former instructor at the University of Washington, a former lobbyist, and spent 20 years working public affairs executive in the natural resources industry.
Updated November 12, Featured Video. Cite this Article Format. Gill, Kathy. Filling Vacancies in the US Senate. About Presidential Recess Appointments. Presidential Appointments Requiring Senate Approval. Representative Democracy: Definition, Pros, and Cons. What Is Redistricting? Definition and Examples. Current Justices of the U. The office will be on the ballot in the next general election, unless the vacancy occurs within 51 days of the election.
If that is the case, the appointment would stand until the following general election. See sources: New Jersey Const. IV, Sec. If there is a vacancy in the New Mexico State Legislature , the board of county commissioners is responsible for filling the vacancy.
The governor will choose a new member from the list provided by the county boards in the district where the vacant seat is located. The governor is not required by law to appoint a member of the same political party as the last incumbent.
The appointed replacement serves for the remainder of the unfilled term. See sources: New Mexico Const. If there is a vacancy in the New York Legislature , a special election must be held to fill the vacant seat. A special election can be held as long as the vacancy occurred before April 1. If a special session is called in the state legislature after April 1, a special election may be called to fill the seat. If there is a vacancy in the General Assembly of North Carolina , the governor is responsible for appointing a replacement.
When making an appointment, the governor must make a decision from a list of recommended candidates submitted by the political party committee that last held the vacant seat. See sources: North Carolina Const. If there is a vacancy in the North Dakota State Legislature , the vacancy is filled by the district committee of the political party that holds the seat.
A replacement must be named within 21 days of the vacancy. If more than days are left in the term, the appointed person shall serve until the next general election or special election called by the governor. Qualified electors in a district where a vacancy exists can petition for a special election to be called by the governor to fill the remaining term.
See sources: North Dakota Cent. If there is a vacancy in the Ohio General Assembly , the vacancy must be filled by an election conducted by the members of the legislative house where the vacancy happened who are members of the party that last held the seat. A simple majority vote is needed in order to approve a replacement.
See sources: Ohio Const. If there is a vacancy in the Oklahoma State Legislature , the governor must call a special election no later than 30 days after the vacancy occurs. No special election can be called if the vacancy occurs in an even-numbered year and if the term of office will expire in that year.
This second provision allows special elections to be held for outgoing senators with two or more years left in their terms. If a senator announces his or her resignation before March 1st but the effective date lies between the general election and the new session, a special election can be held on the general election dates. The winner of this election will take office upon the senator's official resignation.
This only applies to senators with two or more years remaining in their terms. Oklahoma's special election process was modified in by Senate Bill The bill was intended to avert a special election for Al McAffrey's D vacated seat. McAffrey resigned in February of an election year. The text above reflects the modification approved in SB See sources: Oklahoma Stat.
If there is a vacancy in the Oregon State Legislature , the board of county commissioners representing the vacant seat must select a replacement. This can only be done when the Legislature is in session or when the vacancy happens more than 61 days before the next scheduled general election. Three candidates who are members of the party that last controlled the seat must be considered by the board. A replacement must be selected within 30 days of the vacancy.
Persons selected to fill House seats serve for the remainder of the unexpired term, while persons selected to fill Senate seats serve until the next scheduled general election.
See sources: Oregon Rev. If there is a vacancy in the Pennsylvania General Assembly , a special election must be held to fill the vacant seat. The presiding officer in the house where the vacancy happened must call for an election. There are no deadlines set in the state constitution on when a special election can be held.
See sources: Pennsylvania Cons. If there is a vacancy in the Rhode Island General Assembly , a special election must be held to fill the vacant seat. The secretary of state must call for an election to be held anywhere from 70 to 90 days after the vacancy occurred. No election can be held if the vacancy happens after the first Monday in February during an election year. See sources: Rhode Island Gen.
If there is a vacancy in the South Carolina Legislature , the presiding officer of the chamber in which the vacancy happens must call for a special election. If candidates plan to seek the nomination through a political party primary or a political party convention, the filing period begins on the third Friday after the vacancy occurs.
The qualifying deadline is eight days after the filing period opens. If a candidate plans to seek the nomination via petition, all signatures must be submitted to the appropriate filing officer no later than 60 days before the election. All signatures must be verified by the filing officer no later than 45 days before the election.
A primary election must be held on the eleventh Tuesday after the vacancy occurs. If necessary, a primary runoff must be held on the thirteenth Tuesday after the vacancy occurs. The special election is held on the twentieth Tuesday after the vacancy occurs. If the twentieth Tuesday after the vacancy occurs is less than 60 days prior to the general election, the special election must be held on the same day as the general election.
See sources: South Carolina Const. If there is a vacancy in the South Dakota State Legislature , the governor is responsible for appointing a replacement. Under the state constitution , there are no deadlines set in the state constitution requiring when the governor has to fill a vacancy. See sources: South Dakota Const. If there is a vacancy in the Tennessee General Assembly , there are two ways a vacancy can be filled. When twelve months or more remain in an unfilled term, a special election must be held within the allowable time frame set by law.
If less than twelve months remain in a term, members of the legislative body in the county that the vacancy occurred must vote on a replacement. See sources: Tennessee Const. If there is a vacancy in the Texas State Legislature , the governor must call a special election to fill the vacant seat.
The secretary of state can declare a candidate duly elected in a special election if there is no opposition. See sources: Texas Elec. If there is a vacancy in the Utah State Legislature , the governor is responsible for selecting a replacement. A liaison for the political party that last held the seat must recommend a successor to the governor.
The vacancy must be filled immediately. The person who is selected to the vacant seat serves for the remainder of the unfilled term. If the vacancy happens after the nominating deadline in an election year, a new candidate must file papers in order to be on the ballot. This is only if the vacancy happens after September 1st and the unfilled term is set to expire at the end of the election. Nominating papers must be filed within 21 days after the vacancy happened.
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