August 20, 2021
U.S. Senate Vacancies: How Are They Filled?
Senate Vacancies in the Constitution and
State Law
Arizona
Il inois
Montana
Pennsylvania
Arkansas
Indiana
Nebraska
So. Carolina
Vacancies in the membership of the U.S. Senate can occur
as the result of the resignation, death, or expulsion of a
California
Iowa
Nevada
So. Dakota
Member, or the refusal of the Senate to seat a Senator-elect.
Colorado
Kansas
New
Tennessee
Article I, Section 3, clause 2 of the Constitution originally
Delaware
Kentucky
Hampshire
Utah
vested the power of appointment to fill Senate vacancies
New Jersey
exclusively with the state governors when the legislatures
Florida
Maine
Virginia
were in recess, with the state legislatures authorized to elect
Georgia
Maryland
New Mexico
West Virginia
replacements to serve the balance of the term at their next
Hawai
Michigan
New York
Wyoming
session. The Seventeenth Amendment, ratified in 1913,
Idaho
Minnesota
No. Carolina
provided for direct election of Senators and directed
Ohio
governors to issue writs of election to fill vacancies. It also

Missouri
authorized state legislatures to empower governors to make


temporary appointments until successors can be elected. At
present, 45 states authorize their governors to appoint a
Same Party Requirements
Senator to fill a vacancy until a replacement is elected. Five
In addition, seven of the gubernatorial appointment states
states, however, provide that Senate vacancies may be filled
listed above require that Senators appointed by the governor
only by election.
be a member of the same political party as the prior
Filling Vacancies by Special Election
incumbent. They are as follows:
Only: 5 States
Arizona, North Carolina, Utah, and Wyoming
Five states currently require Senate vacancies be to filled
The governor appoints a replacement from the same party
only by special elections; their governors are not
as the previous incumbent.
empowered to fill a vacancy by appointment. They are as
follows:
Hawaii and Kentucky
The governor selects a replacement from a list of three
North Dakota
Oregon
Wisconsin
prospective appointees submitted by the political party of
Oklahoma
Rhode Island

the previous incumbent.

Maryland
Typically, these states provide for an expedited election
The governor appoints a replacement “from a list of names
process in order to reduce the period during which the seat
submitted by the state central committee of the political
is vacant. If the vacancy falls late in the term, the seat is
party of the vacating office holder.”
filled at the regularly scheduled general election.
Filling Vacancies by Gubernatorial
These provisions are intended to ensure that the appointing
Appointment
governors respect the results of the previous election by
selecting a temporary replacement who will either be of the
Forty-five states authorize their governors to fill Senate
same political party as the prior incumbent, or who has
vacancies by appointment.
been endorsed or “nominated” by the prior incumbent’s
Filling Vacancies by Gubernatorial
party apparatus. Some commentators have questioned these
“same party” requirements
Appointment Through the Next
, asserting that they add extra
qualifications to Senate membership, beyond the
Statewide General Election: 36 States
constitutional requirements of age, citizenship, and
Thirty-six of the 45 states that provide for gubernatorial
residence that provide for gubernatorial appointment.
appointment authorize their governors to select a Senator
who holds the seat until the next regularly scheduled
Filling Vacancies by Gubernatorial
statewide general election, when a special election is held to
Appointment Followed by an Expedited
fill the seat for the balance of the term. In several of these
Special Election: 9 States
states (Hawaii, Minnesota, New Jersey, New York, and
The remaining 9 states that provide for gubernatorial
Virginia), if a Senate vacancy occurs close to a regularly
appointment also generally require a stand-alone special
scheduled statewide primary or general election, the
election to fill the seat on an accelerated schedule, rather
appointed Senator serves until the next following statewide
than waiting for the next regular statewide election. If the
election. They are as follows:
vacancy does occur close to a regularly scheduled general
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U.S. Senate Vacancies: How Are They Fil ed?
election, the special election may be held concurrently, but
occurs in an even-numbered year and 62 or more days
if not, the special election may be scheduled within a few
before the primary, the vacancy is filled at that year’s
months of the vacancy. This provision is intended to reduce
general election. If the vacancy occurs in an odd-numbered
the length of time an appointed Senator holds office before
year, or fewer than 62 days before the primary, the
being replaced by an elected successor. In these states, the
governor calls a special election, which is scheduled for the
appointed Senator generally serves only until the election
first uniform election date falling 36 or more days after it
results for a successor are certified. They are as follows:
has been ordered.
Alabama
Vermont
The governor appoints a replacement, and is required to
The governor appoints a replacement and orders a special
order a special election if the vacancy occurs more than
election, which is held within six months of the vacancy,
four months or less than 60 days before a general election.
unless it occurs within six months of a general election, in
which case the special election is held concurrently with the
Alaska
regular general election.
The governor appoints a replacement, and a special election
is held, generally beginning with a primary election to be
Washington
held 60-90 days after the vacancy occurs and then followed
The governor appoints a replacement. Not more than 10
by a special general election about 60 days later. The
days after the vacancy, the governor orders a special
schedule is somewhat modified in certain election years.
election to be held not more than 140 days later. If the
vacancy occurs less than eight months before a general
Connecticut
election, a special election is held at the same time. If the
The governor appoints a replacement to fill the vacancy if
vacancy occurs after the close of the filing period for the
the term expires within 14 months of the vacancy, with the
vacant Senate seat, a special election is held not more than
governor’s appointment subject to approval by two-thirds
90 days after the regular general election.
vote of both houses of the legislature. If time until
expiration is greater, the governor orders a special election
Congressional and State Proposals for
to be held 150 days later, unless regular statewide elections
Change
are scheduled sooner. The special election is then held
Following controversies that arose in connection with
concurrently with the regular election. If the vacancy occurs
appointments to fill Senate vacancies in 2008 and 2009,
shortly before the term expires, the vacancy is not filled.
proposals to eliminate or curtail gubernatorial power to fill
vacancies by appointment were introduced in the 111th
Louisiana
Congress. H.R. 899, the Ethical and Legal Elections for
The governor appoints a replacement to fill the vacancy for
Congressional Transitions Act, proposed expedited special
the rest of the term if the term expires within one year. If
elections to fill Senate vacancies, and assistance to states in
more than a year remains in the term, a successor is elected
meeting the cost of special elections. Proposed
for the balance of the term at a special election held in
constitutional amendments S.J.Res. 7 and H.J.Res. 21
conformity with dates set by state law.
would have removed the option for gubernatorial
appointment, requiring that all Senate vacancies be filled by
Massachusetts
special election. None of these measures progressed beyond
The governor appoints a replacement to serve until a special
committee hearings, and no similar proposal has been
election. The special election is held 145-160 days after the
introduced since then.
vacancy occurs, unless it occurs after April 10 of an even-
numbered year; if so, the special election is held
As of August 2021, the National Conference of State
concurrently with the regularly scheduled statewide
Legislatures reported the most recent relevant state-level
election.
activity as the enactment by the Kentucky Legislature of SB
228, which requires the governor to choose replacements
Mississippi
for senatorial vacancies from among a list of three qualified
The governor appoints a replacement until a special election
candidates provided by the state executive committee of the
is held. If less than one year remains on the incumbent’s
previous incumbent’s political party.
term, the appointee serves the balance of the term. If more
than one year remains, the special election is held within 90

days of the governor’s order for a special election, unless
the vacancy occurs during a year when a statewide election
Thomas H. Neale, Specialist in American National
is held, in which case the vacancy is filled at the regular
Government
election.
IF11907
Texas
The governor appoints a replacement if a vacancy exists or
will exist when the U.S. Senate is in session. If the vacancy


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U.S. Senate Vacancies: How Are They Fil ed?


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