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

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

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Updated July 16, 2024
U.S. Senate Vacancies: How Are They Filled?
Senate Vacancies in the Constitution and statewide primary or general election, the appointed Senator
State Law
serves until the general election following the next.
Vacancies in the membership of the U.S. Senate can occur
as the result of the resignation, death, or expulsion of a
Table 1. Gubernatorial Appointment Through Next
Member, or the refusal of the Senate to seat a Senator-elect.
General Election
Article I, Section 3, clause 2 of the Constitution originally
Arizonaa
Il inois
Nebraskaa
Pennsylvaniaa
vested the power of appointment to fill Senate vacancies
exclusively with the state governors when the legislatures
Arkansasa
Indianaa
Nevada
South
were in recess, with the state legislatures authorized to elect
Carolinaa
replacements to serve the balance of the term at their next
session. The Seventeenth Amendment, ratified in 1913,
Californiaa
Iowa
New
Tennessee
provided for direct election of Senators and directed
Hampshire
governors to issue writs of election to fill vacancies. It also
authorized state legislatures to empower governors to make
Colorado
Kansas
New Jerseya
Utahd
temporary appointments until successors can be elected. At
present, 45 states authorize their governors to appoint a
Senator to fill a vacancy until a replacement is elected. Five
Delaware
Mainea
New
Virginiaa
states, however, provide that Senate vacancies may be filled
Mexicoa
only by election.
Florida
Marylanda
New Yorka
West
State Methods of Filling Senate
Virginiac
Vacancies
Georgiaa
Michigan
North
Wyoming
Carolinaa
Special Election Only
Hawaiia
Minnesotaab
Ohioa

Five states currently require Senate vacancies to be
filled only by special elections; their governors are not
empowered to fill a vacancy by appointment. They are
Idahoa
Missouri
Oklahomaab

Kentucky, North Dakota, Oregon, Rhode Island, and
Wisconsin. Typically, these states provide for an expedited
election process in order to reduce the period during which
Source: CRS analysis of state laws. Additional information is
the seat is vacant. If the vacancy falls late in the term, the
available from CRS upon request.
seat is filled at the regularly scheduled general election.
Notes: Some states provide that a Senate vacancy is general y fil ed
at a separately scheduled special election, but, depending on when
Interim Appointment Followed by Election
the vacancy occurs, have provisions under which the vacancy may be
Forty-five states authorize their governors to fill Senate
fil ed at a general election. These states are excluded from this table.
vacancies by appointment until a successor is elected.
Other details for filling the vacancy vary, including when
a. In these states, a vacancy might also be fil ed at the second
the election to fill the seat is held and whether or not the
November election after it occurred, depending on when
appointee must be of the same party as the previous
the vacancy happened. In New Jersey, the governor may
Senator. Some of these differences across states are
opt to cal a special election instead in this scenario.
discussed in the sections below.
b. If the vacancy occurs in an odd-numbered year, a
separately scheduled special election may be held—in
Gubernatorial Appointment Until a General
Minnesota, on first Tuesday after the first Monday in
Election
November of the odd-numbered year; in Oklahoma
Thirty-four states authorize governors to select a Senator
sometime during the odd-numbered year.
who holds the seat until the next regularly scheduled
c. The election for Senator is held concurrently with the
general election, when a special election is held to fill the
general election if the vacancy occurs ahead of the primary
seat for the balance of the term (see Table 1). States may
cutoff date; a later vacancy may be fil ed at a special
election following 84-120 days after a special primary
vary in how they characterize this election: some provide
election held concurrently with the next general election.
that the vacancy is filled at the next election, whereas others
specify it is filled at the next federal, congressional,
d. Election may be held with a municipal general, federal
primary, federal general, or at another time, depending on
statewide, or municipal general election. In several states, if
when the vacancy occurs.
a Senate vacancy occurs close to a regularly scheduled
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U.S. Senate Vacancies: How Are They Filled?
Gubernatorial Appointment Until an Expedited
election, unless the vacancy occurs during a year when a
Special Election
statewide election is held, in which case the vacancy is
The remaining 11 states that provide for gubernatorial
filled at the regular election.
appointment also generally require a stand-alone special
election to fill the seat on an accelerated schedule, rather
Montana: The governor appoints a replacement, and a
than waiting for the next regular general election. If the
special election must generally be held 85 to 100 days after
vacancy does occur close to a regularly scheduled general
the vacancy occurs. Depending on when the vacancy
election, the special election may be held concurrently, but
occurs, an election to fill it may also be held at the same
if not, the special election may be scheduled within a few
time as a municipal general election, federal primary
months of the vacancy. This provision is intended to reduce
election, or federal general election, or within a specified
the length of time an appointed Senator holds office before
time frame following those election dates.
being replaced by an elected successor. In these states, the
appointed Senator generally serves only until the election
South Dakota: The governor appoints a replacement, and a
results for a successor are certified. They are as follows:
special election must be held 80 to 90 days after the
vacancy occurs, unless the vacancy falls within six months
Alabama: The governor appoints a replacement, and is
of a primary or general election.
required to order a special election “forthwith” if the
Texas: The governor appoints a replacement if a vacancy
vacancy occurs more than four months before a general
exists or will exist when the U.S. Senate is in session. If the
election. A vacancy occurring within four months of but
vacancy occurs in an even-numbered year and 62 or more
more than 60 days before a general election is filled at that
days before the primary, the vacancy is filled at that year’s
election. A vacancy within 60 days before a general
general election. If the vacancy occurs in an odd-numbered
election is filled at a special election held “the first Tuesday
year, or fewer than 62 days before the primary, the
after the lapse of 60 days from and after the day on which
governor calls a special election, which is scheduled for the
the vacancy is known to the Governor.”
first uniform election date falling 36 or more days after it
Alaska: The governor appoints a replacement, and a special
has been ordered.
election is held, generally beginning with a primary election
Vermont: The governor appoints a replacement and orders
to be held 60-90 days after the vacancy occurs and then
a special election, which is held within six months of the
followed by a special general election about 60 days later.
vacancy, unless it occurs within six months of a general
The schedule is somewhat modified in certain years.
election, in which case the special election is held
Depending on when the vacancy occurs, the elections to fill
concurrently with the regular general election.
the vacancy may run concurrently on existing primary and
general election dates.
Washington: The governor appoints a replacement. Not
more than 10 days after the vacancy, the governor orders a
Connecticut: The governor appoints a replacement to fill
special election to be held not more than 140 days later. If
the vacancy if the vacancy occurs after the municipal
the vacancy occurs less than eight months before a general
elections of the year before the final full year of the
election, a special election is held at the same time. If the
Senator’s term, with the governor’s appointment subject to
vacancy occurs after the close of the filing period for the
approval by two-thirds vote of both houses of the
vacant Senate seat, a special election is held not more than
legislature. If the time until expiration is greater, the
90 days after the regular general election.
governor schedules a special election within 10 days of the
vacancy, to be held 150 days later, unless regular statewide
Same Party Requirements
elections are scheduled sooner. The special election is then
In addition, several states require that Senators appointed
held concurrently with the regular election. If the vacancy
by the governor be a member of the same political party as
occurs shortly before the term expires, the vacancy is not
the prior incumbent.
filled.
•
Louisiana: The governor appoints a replacement to fill the
Arizona, Montana, and North Carolina: The governor
vacancy for the rest of the term if the term expires within
appoints a replacement from the same party as the
one year. If more than a year remains in the term, a
previous incumbent.
successor is elected for the balance of the term at a special
•
election held in conformity with dates set by state law.
Hawaii, Maryland, Utah, West Virginia, and
Wyoming: The governor selects a replacement from a
Massachusetts: The governor appoints a replacement to
list of three prospective appointees submitted by the
serve until a special election. The special election is held
political party of the previous incumbent.
145-160 days after the vacancy occurs, unless it occurs after
April 10 of an even-numbered year; if so, the special
• Oklahoma: The governor appoints a person eligible to
election is held concurrently with the regularly scheduled
hold such office, who has been a registered voter of the
statewide election.
party of the predecessor in Oklahoma for at least five
years.
Mississippi: The governor appoints a replacement until a
special election is held. If less than one year remains on the
Sarah J. Eckman, Analyst in American National
incumbent’s term, the appointee serves the balance of the
term. If more than one year remains, the special election is
Government
held within 90 days of the governor’s order for a special
IF11907
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U.S. Senate Vacancies: How Are They Filled?

Disclaimer
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