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VACANT SEATS

Vacant seats — how a member who dies or resigns is replaced

Updated

A seat in Congress falls vacant when a member dies, resigns or is expelled. The Constitution fills the two chambers’ seats differently. A House seat is filled only by an election, so the district has no vote until the winner is sworn in. A state may let its governor appoint a senator to serve until voters choose one. Either way, the person elected serves the rest of the term.

  1. 1

    A House seat is filled only by election

    The Constitution has the state’s governor call an election, by a writ of election, to fill a vacant House seat. No one is appointed in the meantime: the district has no vote in the House until the winner of the special election takes office and serves out the two-year term.

  2. 2

    The office stays open

    When a representative dies, resigns or is expelled, the Clerk of the House manages the office and supervises its staff until a successor is elected. The staff stay on the payroll to help constituents, with casework, business with federal agencies and news of pending bills. The Clerk does not vote for the district.

  3. 3

    A governor may appoint a senator

    The 17th Amendment has the governor call an election for a vacant Senate seat, and lets the state legislature allow the governor to appoint a senator until then. Most states do. Kentucky, North Dakota, Rhode Island and Wisconsin allow no interim appointment, and 11 states require the appointee to be of the departed senator’s party.

  4. 4

    When voters choose the senator

    Thirty-five states hold the special election for a Senate seat with their next regular general election; the other 15 hold a separate, earlier one. The person elected serves the rest of the six-year term.

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