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1 1 (January 8, 2021)

handle is hein.crs/govebjy0001 and id is 1 raw text is: $ervI~e l~ carCr~ h ~i I ~n ~14 January 8, 2021 House of Representatives Vacancies: How Are They Filled? Vacancies in the office of U.S. Representative occur when an incumbent Member dies, resigns, or leaves office for any reas on before the end of their term. Multiple special elections to fill vacancies in the House of Representatives typically take place in each Congress. The same procedures apply if a Representative-elect dies between the election and the day on which the new Congress to which they were elected convenes. Constitutional Provisions The Constitution provides for vacancies in the House of Representatives in Article I, Section 2, clause 4: When vacancies happen in the Representation fom any State, the Executive Authority thereof shal is sue Writs of Election to fill such Vacancies. The Constitution thus requires that all Housevacancies must be filled by specialelection. State governors-the Executive Authority-are authorized to issue the orders for special elections. In contrast with the Senate, there is no cons titutionalprovision for the appointment of interim Representatives. Scheduling Special Elections The U.S. Code (2 U.S.C. § 8a) authorizes state legislatures to provide for scheduling of specialelections to fill House vacancies: the time for holding elections in any State, District, or Territory for a Representative to fill a vacancy, whether such vacancy is caused by the death, resignation, or incapacity of a person elected, nny be prescribed by the laws of the several States and Territories respectively. Responsibility for ordering a special election is thus vested in the governors of the states, while scheduling is prescribedin state law. Once a vacancy has occurred, most state laws set a window of time, or prescribe an exact number ofdays after thevacancy occurs, in which nomination procedures begin and the special election must be held. Scheduling for elections for House vacancies that occur during the first and second sessions of a Congress present different issues to state authorities. Scheduling for First Session Vacancies State election authorities generally, though not always, seek to schedule special elections for House vacancies to coincide with someregularly scheduled election date in the affected district. For vacancies occurring during the first ses sion of a Congress, this typically means coordinating special House elections to coincide, if possible, with local elections, including those for municipal and county governments, or special purpose other district-wide regional elected bodies that are generally held in odd-numbered years, during the first sessionof a Congress. By holding a specialelection on the same date as other elections in the district, state and local governments can avoid the cost and logistical effort associated with conducting an election, for example, establishing polling places, mobilizing election workers, etc., on a one-time basis. They can also arguably expect greater voter turnout than for a free-standing election. Scheduling for Second Session Vacancies Procedures governing vacancies occurring during the second sessionof a Congress differ fromstate to state, and are largely dependent on the amountof time intervening between the vacancy and the next general election. For instance, if a House seatbecomes vacant within sixmonths of the end of the Congress, some states provide that the seat shallremain vacant for the balance of the term. Others may schedule specialprimaries to be held the s ame day as the regular primary and special general elections to beheld the same day as the regular general election, when the s eatis filled for the next Congress. In these cases, the winner of the special general election is sworn in for the remainder of the term, unless Congress has adjourned sine die before election day. If the same nominee wins both the simultaneous special and regular general election, they will also be a Representative-elect, sworn in when the new Congress convenes. Winners of House special elections held, as noted above, concurrently with those for the next Congress may notbe sworn in as Representatives in the expiring Congress if that Congress has adjourned sine diebefore election day. They are, however, accorded the status of incumbent Representatives for the purposes of seniority, office selection, and staffing. Scheduling Special Elctions in Extraordinary Circumstances Following the terrorist attacks of September 11, 2001, Congress enacted provisions in the U.S. Code (2 U.S.C. § 8(b)) for special elections to fill House vacancies in extraordinary circumstances. These are defined as occurring any time the Speaker of the House of Representatives announces that vacancies in Housemembership exceed 100. Under these circumstances, the Code mandates that special elections to fill House vacancies shall take place not later than 49 days after the Speaker's announcement, unless the regular general election for the House, or another specialelectionfortheofficeinvolved, is scheduledtobe held within 75 days of the vacancy announcement. https:H/ct sr ports~corigre;

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