Updated December 1, 2022
U.S. Senate Vacancies: How Are They Filled?
Senate Vacancies in the Constitution and
Delaware
Kentucky
New
Utah
State Law
Florida
Maine
Hampshire
Virginia
Vacancies in the membership of the U.S. Senate can occur
Georgia
Maryland
New Jersey
West Virginia
as the result of the resignation, death, or expulsion of a
New Mexico
Member, or the refusal of the Senate to seat a Senator-elect.
Hawaii
Michigan
Wyoming
Article I, Section 3, clause 2 of the Constitution originally
Idaho
Minnesota
New York
vested the power of appointment to fill Senate vacancies

Missouri
North
exclusively with the state governors when the legislatures
Carolina

were in recess, with the state legislatures authorized to elect
Ohio
replacements to serve the balance of the term at their next
session. The Seventeenth Amendment, ratified in 1913,
In several of these states (Hawaii, Minnesota, New Jersey,
provided for direct election of Senators and directed
New York, and Virginia), if a Senate vacancy occurs close
governors to issue writs of election to fill vacancies. It also
to a regularly scheduled statewide primary or general
authorized state legislatures to empower governors to make
election, the appointed Senator serves until the next
temporary appointments until successors can be elected. At
following statewide election.
present, 45 states authorize their governors to appoint a
Senator to fill a vacancy until a replacement is elected. Five
Same Party Requirements
states, however, provide that Senate vacancies may be filled
In addition, seven of the gubernatorial appointment states
only by election.
listed above require that Senators appointed by the governor
Filling Vacancies by Special Election
be a member of the same political party as the prior
Only: Five States
incumbent. They are as follows:
Five states currently require Senate vacancies be to filled
Arizona, North Carolina, Utah, and Wyoming
only by special elections; their governors are not
The governor appoints a replacement from the same party
empowered to fill a vacancy by appointment. They are as
as the previous incumbent.
follows:
Hawaii and Kentucky
North Dakota
Oregon
Wisconsin
The governor selects a replacement from a list of three
Oklahoma
Rhode Island

prospective appointees submitted by the political party of
the previous incumbent.
Typically, these states provide for an expedited election
process in order to reduce the period during which the seat
Maryland
is vacant. If the vacancy falls late in the term, the seat is
The governor appoints a replacement “from a list of names
filled at the regularly scheduled general election.
submitted by the state central committee of the political
party of the vacating office holder.”
Filling Vacancies by Gubernatorial
Appointment
These provisions are intended to ensure that the appointing
Forty-five states authorize their governors to fill Senate
governors respect the results of the previous election by
vacancies by appointment.
selecting a temporary replacement who will either be of the
same political party as the prior incumbent, or who has
Filling Vacancies by Gubernatorial
been endorsed or “nominated” by the prior incumbent’s
Appointment Through the Next
party apparatus. Some commentators have questioned these
Statewide General Election: 36 States
“same party” requirements, asserting that they add extra
Thirty-six of the 45 states that provide for gubernatorial
qualifications to Senate membership, beyond the
appointment authorize their governors to select a Senator
constitutional requirements of age, citizenship, and
who holds the seat until the next regularly scheduled
residence.
statewide general election, when a special election is held to
fill the seat for the balance of the term. They are as follows:
Filling Vacancies by Gubernatorial
Appointment Followed by an Expedited
Special Election: Nine States
Arizona
Il inois
Montana
Pennsylvania
The remaining nine states that provide for gubernatorial
Arkansas
Indiana
Nebraska
South Carolina
appointment also generally require a stand-alone special
California
Iowa
Nevada
South Dakota
election to fill the seat on an accelerated schedule, rather
Colorado
Kansas
Tennessee
than waiting for the next regular statewide election. If the
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U.S. Senate Vacancies: How Are They Filled?
vacancy does occur close to a regularly scheduled general
Texas
election, the special election may be held concurrently, but
The governor appoints a replacement if a vacancy exists or
if not, the special election may be scheduled within a few
will exist when the U.S. Senate is in session. If the vacancy
months of the vacancy. This provision is intended to reduce
occurs in an even-numbered year and 62 or more days
the length of time an appointed Senator holds office before
before the primary, the vacancy is filled at that year’s
being replaced by an elected successor. In these states, the
general election. If the vacancy occurs in an odd-numbered
appointed Senator generally serves only until the election
year, or fewer than 62 days before the primary, the
results for a successor are certified. They are as follows:
governor calls a special election, which is scheduled for the
first uniform election date falling 36 or more days after it
Alabama
has been ordered.
The governor appoints a replacement, and is required to
order a special election “forthwith” if the vacancy occurs
Vermont
more than four months before a general election. “If the
The governor appoints a replacement and orders a special
vacancy occurs within 60 days before a general election, the
election, which is held within six months of the vacancy,
Governor shall order a special election to be held on the
unless it occurs within six months of a general election, in
first Tuesday after the lapse of 60 days from and after the
which case the special election is held concurrently with the
day on which the vacancy is known to the Governor.”
regular general election.
Alaska
Washington
The governor appoints a replacement, and a special election
The governor appoints a replacement. Not more than 10
is held, generally beginning with a primary election to be
days after the vacancy, the governor orders a special
held 60-90 days after the vacancy occurs and then followed
election to be held not more than 140 days later. If the
by a special general election about 60 days later. The
vacancy occurs less than eight months before a general
schedule is somewhat modified in certain election years.
election, a special election is held at the same time. If the
vacancy occurs after the close of the filing period for the
Connecticut
vacant Senate seat, a special election is held not more than
The governor appoints a replacement to fill the vacancy if
90 days after the regular general election.
the term expires within 14 months of the vacancy, with the
governor’s appointment subject to approval by two-thirds
Congressional and State Proposals for
vote of both houses of the legislature. If time until
Change
expiration is greater, the governor orders a special election
Following controversies that arose in connection with
to be held 150 days later, unless regular statewide elections
appointments to fill Senate vacancies in 2008 and 2009,
are scheduled sooner. The special election is then held
proposals to eliminate or curtail gubernatorial power to fill
concurrently with the regular election. If the vacancy occurs
vacancies by appointment were introduced in the 111th
shortly before the term expires, the vacancy is not filled.
Congress. H.R. 899, the Ethical and Legal Elections for
Congressional Transitions Act, proposed expedited special
Louisiana
elections to fill Senate vacancies, and assistance to states in
The governor appoints a replacement to fill the vacancy for
meeting the cost of special elections. Proposed
the rest of the term if the term expires within one year. If
constitutional amendments S.J.Res. 7 and H.J.Res. 21
more than a year remains in the term, a successor is elected
would have removed the option for gubernatorial
for the balance of the term at a special election held in
appointment, requiring that all Senate vacancies be filled by
conformity with dates set by state law.
special election. None of these measures progressed beyond
committee hearings, and no similar proposal has been
Massachusetts
introduced since then.
The governor appoints a replacement to serve until a special
election. The special election is held 145-160 days after the
In March 2021, the Kentucky Legislature enacted SB 228,
vacancy occurs, unless it occurs after April 10 of an even-
which requires the governor to choose replacements for
numbered year; if so, the special election is held
senatorial vacancies from among a list of three qualified
concurrently with the regularly scheduled statewide
candidates provided by the state executive committee of the
election.
previous incumbent’s political party. In September 2021,
the California legislature enacted Assembly Bill AB 1495,
Mississippi
legislation requiring Senators appointed by the governor to
The governor appoints a replacement until a special election
contest an election for the balance of the term held at the
is held. If less than one year remains on the incumbent’s
next general election.
term, the appointee serves the balance of the term. If more
than one year remains, the special election is held within 90
Thomas H. Neale, Specialist in American National
days of the governor’s order for a special election, unless
Government
the vacancy occurs during a year when a statewide election
is held, in which case the vacancy is filled at the regular
IF11907
election.


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U.S. Senate Vacancies: How Are They Filled?


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