U.S. Senate Vacancies: How Are They Filled? (CRS Report for Congress)
| Release Date |
Revised July 16, 2024 |
| Report Number |
IF11907 |
| Report Type |
In Focus |
| Authors |
Thomas H. Neale |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
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, 46 states authorize their governors to appoint a
Senator to fill a vacancy until a replacement is elected. Four
states, however, provide that Senate vacancies may be filled
only by election.
