What is the process for filling a Senate vacancy when a senator becomes president or vice-president? Let’s do a quick Civics 101 refresher on this topic.
Senate Vacancy: Constitutional and State-Specific Laws
Filling in these senate vacancies involves both constitutional provisions and state-specific laws.
The 17th Amendment (1913) directs how to fill senate vacancies. Note that before the 17th Amendment, senators were chosen by state legislatures. Here’s the portion that deals with vacant Senate seats:
“When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.”
Depending on your state, the governor is usually the executive authority that plays a key role in appointing a temporary replacement. Most of the time, a special election will be held to fill the seat permanently. A senator’s term is six years. Whatever time is left on their term must be filled so that their state can have two senators in Congress representing them.
I found a couple of examples of states that may differ from yours in how Senate vacancies are filled:
Massachusetts: The governor can appoint a temporary replacement, but a special election must be held within 145 to 160 days of the vacancy.
Arizona: The governor appoints a replacement from the same political party as the previous senator, and the appointee serves until the next general election. (no special election is held).
Senate Vacancy: Replacements You Don’t Like
What if you don’t like your governor’s replacement for the senator who becomes the party’s president or vice-president?
In a Constitutional Republic, you can choose who you vote for to serve as senator. You do not have control over your senator’s choice to accept their party’s nomination to serve their country in the highest offices in the land. You can be proud that your state contributed a nominee and vote for that person, or you can work hard for the next election (special or general) to elect the senator of your choice. You can also work to become a delegate to your party’s national convention or run for elective office 🙂
This is Common Sense Civics and Citizenship.🇺🇸
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Related article: https://civicsandcitizenship.org/choosing-a-president-looking-beyond-politics/
