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1 1 (August 20, 2021)

handle is hein.crs/goveekg0001 and id is 1 raw text is: a $ Senate info min~th~ k H \t ~b rncte Vi14 August20, 2021 U.S. Senate Vacancies: How Are They Filled? Senate Vacancies in the Constitution and State Law Vacancies in the membership of the U.S. Senate can occur as the result of the resignation, death, or expulsion of a Member, or the refusal of the Senate to seata Senator-elect. Article I, Section 3, clause 2of the Constitution originally vested thepower of appointment to fill Senate vacancies exclusively with the state governors when the legislatures were in recess, with the state legislatures authorized to elect replacements to serve the balance of the termat their next ses sion. The Seventeenth Amendment, ratified in 1913, provided for direct election of Senators and directed governors to issue writs of election to fill vacancies. It also authorized state legislatures to empower governors to make temporary appointments until successors can be elected. At present, 45 states authorize their governors toappoint a Senator to fill a vacancy until a replacement is elected. Five states, however, provide that Senate vacancies may be filled only by election. Filling Vacancies by Special Election Only: 5 States Five states currently require Senatevacancies be to filled only by special elections; their governors are not empowered to fill a vacancy by appointment. They are as follows: North Dakota Oklahoma Oregon Rhode Island Wisconsin Typically, these states provide for an expedited election process in order to reduce the period during which the seat is vacant. If the vacancy falls late in the term, the seat is filled at the regularly scheduled general election. Filling Vacancies by Gubernatorial Appointment Forty-five states authorize their governors to fill Senate vacancies by appointment. Filling Vacancies by Gubernatorial Appointrment T hrough the Next Statewide General Election: 36 States Thirty-sixof the 45 states thatprovide for gubernatorial appointment authorize their governors to select a Senator who holds the seat untilthe next regularly scheduled statewide general election, whena special election is held to fill the seat for the balance of the term. In several of these states (Hawaii, Minnesota, New Jersey, New York, and Virginia), if a Senate vacancy occurs close to a regularly scheduled s tatewideprimary or general election, the appointed Senator serves untilthe next following statewide election. They are as follows: Arizona Arkansas California Colorado Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Maine Maryland Michigan Minnesota Missouri Montana Pennsylvania Nebraska Nevada New Hampshire New Jersey New Mexico New York No. Carolina Ohio So. Carolina So. Dakota Tennessee Utah Virginia West Virginia Wyoming Same Party Requirements In addition, s even of the gubernatorial appointment s tates listed aboverequire that Senators appointedby thegovemor be a member of the same politicalp arty as the prior incumbent. They are as follows: Arizona, North Carolina, Utah, and Wyoming The governor appoints a replacementfromthe s ame p arty as the previous incumbent. Hawaii and Kentucky The governorselects areplacementfroma list ofthree prospective appointees submitted by the politicalp arty of the previous incumbent. Maryland The governor appoints a replacement froma list of names s ubmitted by the state central committee of the political party ofthe vacating office holder. These provisions are intended to ensure that the appointing governors respect the results of the previous election by selecting a temporary replacement who will eitherbe of the same politicalp arty as the prior incumbent, or who has been endorsed or nominated by the prior incumbent's party apparatus. Some commentators have questioned these same party requirements, asserting that they addextra qualifications to Senatemembership, beyondthe cons titutionalrequirements of age, citizenship, and residence that provide for gubernatorial appointment. Filling Vacancies by Gubernatorial Appointment Followed by an Expedited Special Election: 9 States The remaining 9 states that provide for gubernatorial appointment also generally require a stand-alone special election to fill the seat on an accelerated schedule, rather than waiting for the next regular statewide election. If the vacancy does occur close to a regularly scheduled general https://crs reports.congress.gc S

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