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1 1 (December 1, 2022)

handle is hein.crs/govejon0001 and id is 1 raw text is: Congressional Research Service Inforrming the legislative debate since 1914 Updated December 1, 2022 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 seat a Senator-elect. Article I, Section 3, clause 2 of the Constitution originally vested the power 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 term at their next session. 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 to appoint 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: Five States Five states currently require Senate vacancies 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 Appoint ent Forty-five states authorize their governors to fill Senate vacancies by appointment. Filling Vacancies by Gubernatorial Appointment Through the Next Statewide General Election: 36 States Thirty-six of the 45 states that provide for gubernatorial appointment authorize their governors to select a Senator who holds the seat until the next regularly scheduled statewide general election, when a special election is held to fill the seat for the balance of the term. They are as follows: Arizona Illinois Arkansas California Colorado Indiana Iowa Kansas Montana Pennsylvania Nebraska South Carolina Nevada South Dakota Tennessee Delaware Kentucky New Florida Maine Hampshire Georgia Maryland New Jersey Hawaii Michigan New Mexico Idaho Minnesota New York Utah Virginia West Virginia Wyoming Missouri North Carolina Ohio In several of these states (Hawaii, Minnesota, New Jersey, New York, and Virginia), if a Senate vacancy occurs close to a regularly scheduled statewide primary or general election, the appointed Senator serves until the next following statewide election. Same Party Requirements In addition, seven of the gubernatorial appointment states listed above require that Senators appointed by the governor be a member of the same political party as the prior incumbent. They are as follows: Arizona, North Carolina, Utah, and Wyoming The governor appoints a replacement from the same party as the previous incumbent. Hawaii and Kentucky The governor selects a replacement from a list of three prospective appointees submitted by the political party of the previous incumbent. Maryland The governor appoints a replacement from a list of names submitted by the state central committee of the political party of the 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 either be of the same political party 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 add extra qualifications to Senate membership, beyond the constitutional requirements of age, citizenship, and residence. Filling Vacancies by Gubernatorial Appointment Followed by an Expedited Special Election: Nine States The remaining nine 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

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