U.S. Senate Vacancies: How Are They Filled?
Updated October 23, 2023
U.S. Senate Vacancies: How Are They Filled?
Senate Vacancies in the Constitution and
Delaware
Kentucky
New
Tennessee
State Law
Florida
Maine
Hampshire
Utah
Vacancies in the membership of the U.S. Senate can occur
Georgia
Maryland
New Jersey
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
West Virginia
Article I, Section 3, clause 2 of the Constitution originally
Idaho
Minnesota
New York
Wyoming
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, 46 states authorize their governors to appoint a
Senator to fill a vacancy until a replacement is elected. Four
Same Party Requirements
states, however, provide that Senate vacancies may be filled
In addition, 10 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: Four States
incumbent. They are as follows:
Four states currently require Senate vacancies be to filled
Arizona, Montana, North Carolina, and Utah
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, Kentucky, Maryland, West Virginia, and
North Dakota
Oregon
Wisconsin
Wyoming
Rhode Island
The governor selects a replacement from a list of three
prospective appointees submitted by the political party of
Typically, these states provide for an expedited election
the previous incumbent.
process in order to reduce the period during which the seat
is vacant. If the vacancy falls late in the term, the seat is
Oklahoma
filled at the regularly scheduled general election.
The governor appoints a person eligible to hold such office,
who has been a registered voter of the party of the
Filling Vacancies by Gubernatorial
predecessor in Oklahoma for at least five years.
Appointment
Forty-six states authorize their governors to fill Senate
These provisions are intended to ensure that the appointing
vacancies by appointment.
governors respect the results of the previous election by
selecting a temporary replacement who will either be of the
Filling Vacancies by Gubernatorial
same political party as the prior incumbent, or who has
Appointment Through the Next
been endorsed or “nominated” by the prior incumbent’s
Statewide General Election: 37 States
party apparatus. Some commentators have questioned these
Thirty-seven of the 46 states that provide for gubernatorial
“same party” requirements, asserting that they add extra
appointment authorize their governors to select a Senator
qualifications to Senate membership, beyond the
who holds the seat until the next regularly scheduled
constitutional requirements of age, citizenship, and
statewide general election, when a special election is held to
residence.
fill the seat for the balance of the term. They are as follows:
Filling Vacancies by Gubernatorial
Appointment Followed by an Expedited
Arizona
Il inois
Montana
Pennsylvania
Special Election: Nine States
Arkansas
Indiana
Nebraska
South Carolina
The remaining nine states that provide for gubernatorial
California
Iowa
Nevada
South Dakota
appointment also generally require a stand-alone special
Colorado
Kansas
Oklahoma
election to fill the seat on an accelerated schedule, rather
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U.S. Senate Vacancies: How Are They Filled?
than waiting for the next regular statewide election. If the
Texas
vacancy does occur close to a regularly scheduled general
The governor appoints a replacement if a vacancy exists or
election, the special election may be held concurrently, but
will exist when the U.S. Senate is in session. If the vacancy
if not, the special election may be scheduled within a few
occurs in an even-numbered year and 62 or more days
months of the vacancy. This provision is intended to reduce
before the primary, the vacancy is filled at that year’s
the length of time an appointed Senator holds office before
general election. If the vacancy occurs in an odd-numbered
being replaced by an elected successor. In these states, the
year, or fewer than 62 days before the primary, the
appointed Senator generally serves only until the election
governor calls a special election, which is scheduled for the
results for a successor are certified. They are as follows:
first uniform election date falling 36 or more days after it
has been ordered.
Alabama
The governor appoints a replacement, and is required to
Vermont
order a special election “forthwith” if the vacancy occurs
The governor appoints a replacement and orders a special
more than four months before a general election. “If the
election, which is held within six months of the vacancy,
vacancy occurs within 60 days before a general election, the
unless it occurs within six months of a general election, in
Governor shall order a special election to be held on the
which case the special election is held concurrently with the
first Tuesday after the lapse of 60 days from and after the
regular general election.
day on which the vacancy is known to the Governor.”
Washington
Alaska
The governor appoints a replacement. Not more than 10
The governor appoints a replacement, and a special election
days after the vacancy, the governor orders a special
is held, generally beginning with a primary election to be
election to be held not more than 140 days later. If the
held 60-90 days after the vacancy occurs and then followed
vacancy occurs less than eight months before a general
by a special general election about 60 days later. The
election, a special election is held at the same time. If the
schedule is somewhat modified in certain election years.
vacancy occurs after the close of the filing period for the
vacant Senate seat, a special election is held not more than
Connecticut
90 days after the regular general election.
The governor appoints a replacement to fill the vacancy if
the term expires within 14 months of the vacancy, with the
Proposed Legislation, 111th Congress,
governor’s appointment subject to approval by two-thirds
2009-2011
vote of both houses of the legislature. If time until
Following controversies concerning appointments to fill
expiration is greater, the governor orders a special election
Senate vacancies in 2008 and 2009, federal legislation and
to be held 150 days later, unless regular statewide elections
constitutional amendments were introduced to eliminate or
are scheduled sooner. The special election is then held
curtail gubernatorial power to fill vacancies; establish
concurrently with the regular election. If the vacancy occurs
expedited special elections to fill vacancies; and provide
shortly before the term expires, the vacancy is not filled.
assistance to states in meeting the cost of special elections.
See H.R. 899, S.J.Res. 7 and H.J.Res. 21, 111th Congress.
Louisiana
None of these measures progressed beyond committee
The governor appoints a replacement to fill the vacancy for
hearings, and no similar proposal has been introduced since
the rest of the term if the term expires within one year. If
then.
more than a year remains in the term, a successor is elected
for the balance of the term at a special election held in
State Action Since 2021
conformity with dates set by state law.
In 2021, Kentucky required the governor to fill Senate
vacancies from a list of three candidates provided by the
Massachusetts
executive committee of the incumbent’s political party.
The governor appoints a replacement to serve until a special
That same year, California required special elections for
election. The special election is held 145-160 days after the
appointed Senators to be held at the next general election
vacancy occurs, unless it occurs after April 10 of an even-
(depending on the timing of the vacancy), reducing in some
numbered year; if so, the special election is held
cases the time between appointments and special elections.
concurrently with the regularly scheduled statewide
Also in 2021, Oklahoma provided for appointments to fill
election.
Senate vacancies by the governor, to be followed by a
special election in most cases. The appointee must be a
Mississippi
registered voter of the same party as the previous
The governor appoints a replacement until a special election
incumbent.
is held. If less than one year remains on the incumbent’s
term, the appointee serves the balance of the term. If more
Thomas H. Neale, Specialist in American National
than one year remains, the special election is held within 90
Government
days of the governor’s order for a special election, unless
the vacancy occurs during a year when a statewide election
IF11907
is held, in which case the vacancy is filled at the regular
election.
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U.S. Senate Vacancies: How Are They Filled?
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