House of Representatives Vacancies: How Are They Filled? (CRS Report for Congress)
| Release Date |
Revised Dec. 16, 2024 |
| Report Number |
IF11722 |
| Report Type |
In Focus |
| Authors |
Thomas H. Neale |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Vacancies in the office of U.S. Representative occur when
an incumbent Member dies, resigns, or leaves office for any
reason before the end of their term. Multiple special
elections to fill vacancies in the House of Representatives
typically take place in each Congress, through processes
established by the state where the vacant seat is located.
The same procedures apply if a Member-elect dies between
the election and the day on which the new Congress to
which they were elected convenes, or if the Member-elect is
otherwise unable or unwilling to be sworn in.
The Constitution addresses House vacancies in Article I,
Section 2, clause 4:
When vacancies happen in the Representation from
any State, the Executive Authority thereof shall
issue Writs of Election to fill such Vacancies.
Typically, state governors—“the Executive Authority”—
are authorized to issue orders for special elections to fill
House vacancies. In contrast with the Senate, there is no
constitutional provision for the appointment of interim
Representatives.
