Vacancies and Special Elections: 107th Congress

Vacancies and Special Elections: 107th Congress

Order Code RS20814
Updated January 17, 2003
CRS Report for Congress
Received through the CRS Web
Vacancies and Special Elections:
107th Congress
Sula P. Richardson
Analyst in American National Government
Government and Finance Division
There were eleven vacancies in the 107th Congress—ten in the House and one in the
Senate. Of the ten House vacancies, five were caused by death of these incumbents: Julian
Dixon (32nd District of California), Patsy Mink (2nd District of Hawaii), John Joseph
Moakley (9th District of Massachusetts), Norman Sisisky (4th District of Virginia), and
Floyd Spence (2nd District of South Carolina). Four vacancies were caused by resignation
of these incumbents: Bud Shuster (9th District of Pennsylvania), Joe Scarborough (1st
District of Florida), Asa Hutchinson (3rd District of Arkansas) and Steve Largent (1st
District of Oklahoma). The remaining House vacancy was caused by expulsion of James
A. Traficant, Jr., on July 24, 2002. The sole Senate vacancy was caused by the death of
Senator Paul Wellstone (of Minnesota) who was killed in a plane crash on October 25,
2002.
Procedure for Filling Vacancies in Congress
Vacancies in Congress occur when a Senator or Representative dies, resigns, declines
to serve, or is expelled or excluded by either house. The Constitution requires that
vacancies in both houses be filled by special election; but in the case of the Senate, it
empowers the state legislatures to provide for temporary appointments to the Senate by
the governor until special elections can be scheduled.1
Senate. Prevailing practice for Senate vacancies is for state governors to fill them
by appointment, with the appointee serving until a special election can be held. The
winner of the special election then serves for the balance of the term. In the event the seat
becomes vacant between the time of a statewide election and the expiration of the term,
the appointee usually serves the remainder of the term. Oregon and Wisconsin are the
only states that do not provide for gubernatorial appointments; their Senate vacancies can
only be filled by election.
House of Representatives. All House vacancies are filled by special election.
Scheduling for special elections is largely dependent on the amount of time remaining
1 For House vacancies, see U.S. Constitution, Article I, Section 2, clause 4, and (2 U.S.C.8). For
Senate vacancies, see U.S. Constitution, Article I, Section 3, and Amendment 17, paragraph 2.
Congressional Research Service ˜ The Library of Congress

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before the next regular elections for the House. When a vacancy occurs during the first
session of Congress, a special election is always scheduled for the earliest possible time,
preferably to coincide with elections regularly scheduled for other purposes in the district.
If, however, a seat becomes vacant within 6 months of the end of a Congress, some
states hold a special election for the balance of the congressional term on the same day
as the regular election. Winners of special elections in these cases are sometimes not
sworn in immediately as Members of the House, Congress having often adjourned sine
die before election day. They are, however, accorded the status of incumbent
Representatives for the purposes of seniority, office selection, and staffing. Other states
do not provide for a special election in these circumstances, and the seat remains vacant
for the balance of that particular Congress.
For additional information, see CRS Report 97-1009, House and Senate Vacancies:
How Are They Filled?, by Sula P. Richardson and Thomas H. Neale.

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Table 1. Special Elections in the U.S. House of Representatives: 107th Congress (2001-2002)
Cause and date of vacancy
Candidates (party)
State-District
Incumbent (party)
(winner in bold type)
Date elected
Date sworn in
Cause
Date
AR- 3rd
Asa Hutchinson (R)
Resigned
Aug. 6, 2001
John Boozman (R) a
Nov. 20, 2001a
Nov. 29, 2001
Mike Hathorn (D)
CA- 32nd b
Julian C. Dixon (D) c
Death
Dec. 8, 2000
Diane E. Watson (D)
June 5, 2001
June 7, 2001
Donna J. Warren (G)
Noel Irwin Hentschel (R)
Ezola Foster (Ref)
FL- 1st
Joe Scarborough (R)
Resigned
Sept. 5, 2001d
Jeff Miller (R)
Oct. 16, 2001
Oct. 23, 2001
Steve Briese (D)
HA
Patsy Mink (D)
Died
Sept. 28, 2002
Ed Case (D) e
Nov. 30, 2002
e
John F. Mink (D)
MA- 9th e
John Joseph Moakley (D)
Death
May 28, 2001
Stephen F. Lynch (D)
Oct. 16, 2001
Oct. 23, 2001
JoAnn Sprague (R)
OH- 17th
James A. Traficant, Jr. (D)
Expulsion
July 24, 2002
f
f
f
OK- 1st
Steve Largent (R)
Resigned
Feb. 15, 2002g
John Sullivan (R)
Jan. 8, 2002g
Feb. 27, 2001
Doug Dodd (D)
Neil Mavis (I)
David Fares (I)
PA- 9th h
Bud Shuster (R)
Resigned
Feb. 2, 2001
William (Bill) Shuster (R) h
May 15, 2001
May 17, 2001
H. Scott Conklin (D)
Alanna K. Hartzok (G)
SC- 2nd
Floyd Spence (R)
Death
Aug. 16, 2001
Addison “Joe” G. Wilson (R)
Dec. 18, 2001i
Dec. 19, 2001
Brent Weaver (D)
VA- 4th
Norman Sisisky (D)
Death
Mar. 29, 2001
J. Randy Forbes (R)
June 19, 2001
June 26, 2001
L. Louise Lucas (D)
a In Arkansas, Rep. Asa Hutchinson resigned from the House on Aug. 6, 2001, having been appointed Administrator of the Drug Enforcement Agency (DEA). A special primary election was held on
Sept. 25, 2001. Because no candidate received 50% of the votes, a runoff primary was held on Oct. 16, 2001, between Republican candidates John Boozman and Gunner DeLay and Democratic
candidates Mike Hathorn and Jo Ellen Carson. In the special general election held on Nov. 20, 2001, John Boozman defeated Mike Hathorn.
b In California, for the special open primary election, which was held on Apr. 10, 2001, the names of 16 candidates (regardless of party) appeared on a single ballot and voters could choose any party
candidate. A candidate who received a majority of the votes would have been elected to the office. Because no candidate received a majority of the votes, a special runoff general election was
held on June 5, 2001, and the name of the top vote-getter from each party in the Apr. 10, 2001 election was on the June 5, 2001 ballot.
c Rep. Dixon died before the commencement of the 107th Congress, to which he had been reelected.
d In Florida, Rep. Joe Scarborough resigned from the House effective close of business on Sept. 5, 2001. Steve Briese (D) and Jeff Miller (R) competed in a special general election on Oct. 16, 2001.

e In Hawaii, for the special election which was held on Nov. 30, 2002, the candidates were John F. Mink (husband of the late Rep. Patsy Mink) and thirty-seven other persons: Whitney T. Anderson (R),
John L. Baker (D), Walter R. Barnes (R), Paul Britos (D), John S. Carroll, Ed Case (D), Brian G. Cole (D), Dan A. Cole (N), Chas Collins (D), Joe Conner (R), Lawrence (Lehr) DuQuesnes (L),,
Doug Fairhurst (R), Michael Gagne (D), Carolyn Martinez Golojuch (R), G. (limz) Goodwin (G), Richard H. Haake (R), S.J. Harlan (N), Lillian Lai Lam Wang Hong (N), Ron (Whodaguy) Jacobs
(N), Kekoa D. Kaapu (D), Kimo Kaloi (R), Jeff Mallan (L), Robert M. Martin Jr. (N), John Mayer (N), Mark McNett (N), Soloman Naluai (D), Nick Mikhilanada (G), John Parker (N), Joseph
(Papa Joe) Payne (R), John (Jack) Randall (N), Mike Rethman (N), Art P. Reyes (D), Clifford P. Rhodes (R), Bill Russell (N), Bob Schieve (R), Steve Tataii (D), and Timmy Yuen (R). The winner
of the election—Ed Case—served for the remainder of 107th Congress but was not sworn in, as Congress was not in session. The late Rep. Patsy Mink’s name remained on the general election
ballot for the 108th Congress, and she was re-elected posthumously to the 108th Congress. Mr. Case was also elected in the special election ( held on Jan. 4, 2003) to fill that vacancy.
f In Massachusetts, a special primary election was held on Sept. 11, 2001. Stephen F. Lynch (D) and JoAnn Sprague (R) competed in a special general election on Oct. 16, 2001.
g In Ohio, Rep. Traficant was expelled from the House (pursuant to H. Res. 495) on July 24, 2002. The seat formerly held by Mr. Traficant remained vacant for the remainder of the 107th Congress.
h In Oklahoma, John Sullivan was elected on Jan. 8, 2002in anticipation of the vacancy caused by the resignation of Rep. Steve Largent, effective Feb. 15, 2002.
i In Pennsylvania, Bill Shuster was elected to fill the vacancy caused by the resignation of his father, Bud Shuster, and took his seat on May 17, 2001.
i In South Carolina, a special primary election was held on Oct. 30, 2001 and a special general election was held on Dec. 18, 2001 to fill the vacancy caused by the death of Rep. Floyd Spence.
Key to Abbreviations for Party Affiliation:
D
Democrat
F
Free Energy
G
Green
L
Libertarian
NL
Natural Law
N
Nonpartisan
NS
Nonpartisan Special
I
Independent
R
Republican
Ref Reform

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Table 2. Vacancies, Appointments, and Special Elections in the U.S. Senate: 107th Congress (2001-1002)
Cause and date of vacancy
Date appointed
State
Incumbent (party)
Successor (party)
or elected
Date sworn in
Cause
Date
MN
Paul Wellstone (D)
Death
Oct. 25, 2002
Dean Barkley (I)
Nov. 4, 2002 a
Nov. 12, 2002
a In Minnesota, Senator Paul Wellstone was killed in a plane crash on October 25, 2002. (Senator Wellstone’s term would have expired on Jan. 3, 2003. He was however, running for reelection and
if successful would have been elected to the 6-year term which began on Jan. 3, 2003.) On November 4, 2002, Governor Jesse Ventura appointed Dean Barkley (I) to fill the unexpired term of
the late Sen. Wellstone (107th Congress). On November 5, 2002, Norm Coleman (R) was elected to represent Minnesota for the 6-year term thatwould begin on Jan. 3, 2003 (108th Congress).