How vacancies are filled in state legislatures

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Contents

There are different ways vacancies are filled in state legislatures. Some states allow the Governor or a constitutional officer to appoint a replacement while some states require a special election. The following are how states fill their vacancies in their legislatures.
How Vacancies are filled in State Legislatures
NevadaMassachusettsColoradoNew MexicoWyomingArizonaMontanaCaliforniaOregonWashingtonIdahoTexasOklahomaKansasNebraskaSouth DakotaNorth DakotaMinnesotaIowaMissouriArkansasLouisianaMississippiAlabamaGeorgiaFloridaSouth CarolinaIllinoisWisconsinTennesseeNorth CarolinaIndianaOhioKentuckyPennsylvaniaNew JerseyNew YorkVermontVermontNew HampshireMaineWest VirginiaVirginiaMarylandMarylandConnecticutConnecticutDelawareDelawareRhode IslandRhode IslandMassachusettsNew HampshireMichiganMichiganAlaska

State by state policies

Alaska

If there is a vacancy in the Alaska Legislature, the Governor is responsible for selecting a replacement. The Governor must select the replacement within 30 days after the vacancy happened. The Governor cannot appoint a replacement if the vacancy happens before a new legislative session is scheduled to convene. [1]

Alabama

If there is a vacancy in the Alabama Legislature, a special election must be conducted in order to fill the vacant seat. The Governor must call for a special election if the vacancy happens before the next scheduled general election and the Legislature is in session. [2] [3] The Governor has all discretion in setting the date of the election along with the nominating deadlines[3].

Arizona

If there is a vacancy in the Arizona Legislature, the political party committee or the Board of County Supervisors must select a replacement. The political party committee is responsible for appointing a replacement only if the legislative district has thirty or more elected precinct committeemen[4].

The Secretary of State is required to contact the state party chairperson to give notice of the vacancy. The state chairperson must give notice of an election to fill the seat within three days of receiving notice[4].

Before an election takes place, the state chairperson must submit a list of three recommended candidates to fill the seat. The election involves all the precinct committeemen who represent the vacant seat. If the Legislature is out of session, the election must be held within twenty-one days after the vacancy happened. If the Legislature is in session, the election must be held within five days after the vacancy happened[4].

The Board of County Supervisors fills vacancies in legislative districts that have less than thirty elected precinct committeemen. Also, the Board of Supervisors must select a replacement if the party committee fails to select a replacement within the specified periods. This is only for districts with thirty or more elected committeemen.

The county of residence from where the person last held the seat is responsible for making the selection. The county that is responsible for filling the vacancy must form a citizens panel. The citizens panel is charged with recommending to the Board of Supervisors three candidates to fill the vacant seat. The panel must recommend persons from the political party that last held the vacant seat. The full county board must select a replacement within five days of receiving the list of recommended candidates[5].

The person selected to fill the seat serves for the remainder of the unfilled term[5].

Arkansas

If there is a vacancy in the Arkansas General Assembly, the Governor must call for a special election in order to fill the vacancy. The election must be called by the Governor without delay[6]. For all special elections in the Senate, the county that first established the district is responsible for conducting the election[7]. If the special election is to fill a House seat, the County Board of Election Commissioners representing the vacant district conducts the election[8]. All special elections must be held on the Second Tuesday of each month. The only other dates an election can be held if the second Tuesday of the month falls on a legal holiday or is in June during an even-numbered year[9].

California

If there is a vacancy in the California Legislature, the Governor must call for a special election. The election must be called by the Governor within fourteen days of the vacancy. No special election can be held if the vacancy happened in an election year and the nominating deadline passed[10].

Colorado

If there is a vacancy in the Colorado General Assembly, then the political party that last held the seat is responsible for selecting a replacement[11]. A vacancy committee consisting of members representing the political party holding the vacant seat must conduct an election to appoint a replacement. The person selected to fill the vacant seat must be approved by a majority of the members in the vacancy committee. The person who is selected to fill the vacancy remains in the seat until the next scheduled general election[12].

Connecticut

If there is a vacancy in the Connecticut General Assembly, a special election must be conducted to fill the vacant seat. The Governor must call for an election no later than 10 days after the vacancy happened. All special elections must be held no later than 46 days after a Governor's declaration. If the vacancy happened with less than 125 days left before the general election, the special election must be held on the same day as the general election. No election can be called by the Governor if the vacancy happened with less than 49 days before the general election[13].

Delaware

If there is a vacancy in the Delaware Legislature, the presiding officer of the house in which the vacancy happened must call for a special election. The election must be called for no later than 30 days after the vacancy happened. The Governor may make the declaration if the Legislature is not in session. The date of the election must be set no later than 10 days after a declaration was made[14].

District of Columbia

If there is a vacancy in the District Council, a special election must be held to fill the vacant seat. The party committee that last held the seat must appoint a temporary replacement until an election is scheduled. If the seat was held by an independent candidate, council members appoint a temporary replacement until an election is held. All special elections must be held no later than 114 days after the vacancy happened[15].

Florida

If there is a vacancy in the Florida Legislature, a special election must be called to fill the vacant seat[16]. The Governor is responsible for calling the election and must consult with the Secretary of State to set the election dates and nominating deadlines[17]. The person elected to fill the seat serves for the remainder of the unexpired term[18].

Georgia

If there is a vacancy in the Georgia Legislature, the vacant seat must be filled by a special election. The Governor must declare a special election no later than 10 days after the vacancy happened. The election must be held no less than 30 days and no later than 60 days after the Governor calls for the election. The counties representing the vacant district are responsible for conducting the election[19].

Hawaii

If there is a vacancy in the Hawaii Legislature, the Governor is responsible for appointing a replacement. For all vacancies, the Governor must appoint a replacement within 60 days after the vacancy happened. The candidate is selected from a list of three prospective candidates submitted by the political party that last held the vacant seat. The party has thirty days after the vacancy to submit a list of prospective candidates. If the person leaving the seat is an independent (no party affiliation), the Governor must select a resident from the vacant district that is not a member of any political party[20] [21].

Idaho

The Governor is responsible for filling all vacancies in the Idaho Legislature.

The political party committee that last held the vacant seat has 15 days after the vacancy to submit a list of three recommended candidates to the Governor. The Governor makes the selection based on the recommendations.

If any party committee fails to submit a list of recommended candidates after the 15 day deadline, the Governor has 5 days to appoint a person from the political party that last held the seat. The person appointed to the seat serves for the remainder of the unfilled term[22].

Illinois

Whenever there is a vacancy in the Illinois General Assembly, the state constitution mandates that the seat must be filled by appointment when allowed by law. The appointment must be made within 30 days after the vacancy. If a vacancy occurs in the Senate with more than twenty-eight months remaining in the term, the appointment is interim until the next general election, when a special election must be held. All other House and Senate vacancies are to be filled by an appointment from the same political party that last held the seat [23]. If the vacated seat was held by an independent (no party affiliation), the Governor is to appoint an independent successor within 30 days. [24]

The vacancy must be filled by the respective party organizations covering the legislative district [25]. The respective committeemen and committeewomen representing the legislative district must vote on a replacement[26]. The person selected for the seat serves for the remainder of the unfilled term[27].

Indiana

Whenever there is a vacancy in the General Assembly, the state committee of the party that last held the seat must appoint a replacement. This is contingent upon the approval of the respective state chairperson of the party. Any vacant seat held by an independent must be filled by a special election[28].

Iowa

The Governor of Iowa is required within five days of a vacancy in the General Assembly to call for a special election. If the vacancy happens in session, the Governor must call for an election as soon as possible with a minimum 18 day notice. All other special elections require a 45 day notice as long the election does not happen on the same day of a school election[29].

Kansas

The Governor is responsible for filling all vacancies to the Kansas Legislature.

The political party committee that last held the vacant seat must call for a convention within 21 days of the vacancy. The convention is designed to select the Governor's appointee and involves all the committeemen and committeewomen that represent the vacant legislative district[30].

The committeemen and committeewomen present for voting must approve a replacement on a simple majority vote. Once the vote has been conducted, the party committee must send the paperwork certifying the selection to the Governor within 24 hours or the next business day. The Governor has seven days after receiving the paperwork to act on the appointment[31].

Kentucky

If there is a vacancy in the General Assembly, a special election must be held to fill the vacant seat. The Governor must call for an election if the General Assembly is not in session. The presiding officer in the house where the vacancy happened must call for an election if lawmakers are in session[32]. All nominating deadlines for special elections are 28 days before the election[33].

Louisiana

If there is a vacancy in the Louisiana Legislature, the vacant seat must be filled by a special election. An election is required if there are six months or more left in the unexpired term. The presiding officer in the house where the vacancy happened must call for an election no later than 10 days after the vacancy occurred. The presiding officer must determine the dates for the election along with all filing deadlines. The person elected to the seat serves for the remainder of the unexpired term[34].

Maine

If there is a vacancy in the Maine Legislature, a special election must be held to fill the vacant seat[35] [36]. The Governor must call for an election and allow all political committees representing the vacant seat to set all deadlines[37] [35] [36]. The person elected to the seat serves for the remainder of the unexpired term[38].

Maryland

The Governor is responsible for filling all vacancies in the Maryland General Assembly[39].

The Governor has 30 days after the vacancy to make an appointment based on the recommendations of the political party committee that holds the vacant seat. The political party committee has up to 30 days after the vacancy to submit a list of recommended candidates to the Governor. If the party committee fails to act within the 30 day deadline, the Governor has 15 days to appoint a person from the political party that last held the seat[40].

The person appointed to the seat serves for the remainder of the unfilled term[41].

Massachusetts

If there is a vacancy in the Massachusetts General Court, a special election must be conducted to fill the vacant seat. The election must be held on the next regularly scheduled date on the election calendar[42]. Local governments who conduct special elections receive reimbursement from the State Treasurer's office for all costs incurred[43].

Michigan

In Michigan, the Governor can call for a special election in the event that a vacancy exists in a State House or Senate seat [44].

When conducting a special election, the election should be held whenever the next general election is scheduled. If the vacancy happens after the statewide primary election, the leaders of the respective party organizations in the district can submit a list of nominees to be voted on by party leadership. The nominee must be voted on no later than 21 days after the vacancy occurred [45].

Minnesota

Under Minnesota law, any vacancy in the Legislature must be filled by a special election. It is up to the appropriate elections authorities to conduct an election as soon as possible[46].

A special election must be held during the next general election if the vacancy has more than 150 days left before the unfilled term expires. If the vacancy happens in legislative session, the Governor must call for an election no more than 35 days after the vacancy occurred. If there is less than 150 days left in the unfilled term and the Legislature is out of session, the Governor must call for a special election. The Governor must call the election as soon as possible so the winner of the election can take office when the Legislature reconvenes[47].

Missouri

In the event of a vacancy in the General Assembly, the Governor of Missouri must call for a special election without delay[48]. The election mandate is sent to the county that first established the legislative district[49].

Mississippi

If there is a vacancy in the Mississippi Legislature, a special election is required to fill the vacant seat. The Governor must call for an election no later than 30 days after the vacancy happened. After the Governor sets the election date, the counties conducting the election must give no less than 45 days notice before the election. All qualifying deadlines are 30 days before the election[50].

No special election is held if the vacancy happens after June 1st in an election year[51].

Montana

If there is a vacancy in the Montana Legislature, the Board of County Commissioners that represent the vacant seat must select a replacement. The Secretary of State must notify the Board of County Commissioners and the county central committee of the political party that holds the vacant seat no later than seven days after the vacancy happened. The county central committee has 45 days after receiving notice from the Secretary of State to provide a list of candidates to the Board of County Commissioners. The board must select a replacement no later than 15 days after receiving the list of candidates. If the Legislature is in session, the selection must be made no later than five days after receiving a candidate list[52]. Any person selected to fill a House seat serves for the remainder of the unfilled term. Persons selected to fill a Senate seat serve until the next scheduled general election[53].

Nebraska

In Nebraska, whenever there is a vacancy in the Legislature, the Governor is responsible for selecting a replacement. If the vacancy happens sixty days before a general election, the replacement must serve the remainder of the unfilled term until a new representative is elected and sworn in during the next legislative session. If the vacancy happens more than 60 days before an general election, the replacement serves the remainder of the unfilled term before the next general election when a new representative is elected[54].

Nevada

If there is a vacancy in the Nevada Legislature, the Board of County Commissioners in the county representing the seat must decide on a replacement. The Board of County Commissioners must select a person from the same political party that last held the seat when making its decision. If the vacancy happens before the next legislative session and an election for county officers is scheduled, no replacement is named[55].

New Hampshire

If there is a vacancy in the New Hampshire General Court, a special election must be held to fill the vacant seat. It's up to the Governor to call for an election and to set an election date as soon as possible. There are no deadlines set by the state constitution on special elections[56] [57].

New Jersey

For any vacancy that happens in session, a special election must be conducted within 51 days of the vacancy. All other vacancies must be filled by the county leadership of the political party that holds the seat[58].

New Mexico

If there is a vacancy in the Legislature, the Board of County Commissioners in the county representing the vacant seat must appoint a replacement. There are no deadlines set by Article IV, Section 4 of the New Mexico Constitution which governs legislative vacancies. The appointed replacement serves for the remainder of the unfilled term[59].

New York

If there is a vacancy in the New York Legislature, a special election must be held to fill the vacant seat. An election can be held as long the vacancy happened before April 1st in an election year[60]. The person elected to fill the vacant seat serves for the remainder of the unexpired term[61].

North Carolina

If there is a vacancy in the North Carolina General Assembly, the Governor is responsible for appointing a replacement[62] [63].

When making an appointment, the Governor must make a decision from a list of recommended candidates submitted by the political party committee that last held the vacant seat[64]. The appointment must be made within seven days of receiving a list of recommended candidates[63]. The person selected to the seat serves for the remainder of the unfilled term[63].

North Dakota

Under North Dakota law, any legislative vacancy is filled by the district committee of the political party that holds the seat. A replacement must be named within 21 days of the vacancy. If more than 828 days are left in the term, the appointed person must serve until the next general election when the Governor can call for a special election[65].

Ohio

In Ohio, whenever there is a vacancy in the General Assembly, the seat must be filled by an election conducted by the members of the legislative house where the vacancy happened. Also, the election can only be conducted by the same members of the political party that hold the seat. A simple majority vote is needed in order to approve a replacement[66].

Oklahoma

If there is a vacancy in the Oklahoma Legislature, the Governor must call for a special election no later than 30 days after the vacancy happened. No special election can be called if the vacancy happens after March 1st during the year the seat is set to expire[67].

The only exception to the March 1st deadline is for State Senators who resign with two or more years left in their term during an election year. If the resignation was announced before June 1st and the effective date is scheduled for after the general election, a special election can be called[68].

The person who wins the special election serves for the remainder of the unexpired term[69].

Oregon

If there is a vacancy in the Oregon Legislature, the Board of County Commissioners representing the vacant seat must select a replacement. This can only be done when the Legislature is in session or when the vacancy happens more than 61 days before the next scheduled general election[70]. The board must select a person from the political party that last held the vacant seat. Three candidates who are members of the party that last controlled the seat must be considered by the board. A replacement must be selected within 30 days of the vacancy. Persons selected to fill House seats serve for the remainder of the unexpired term, while persons selected to fill Senate seats serve until the next scheduled general election[71].

Pennsylvania

If there is a vacancy in the Pennsylvania General Assembly, a special election must be held to fill the vacant seat. The presiding officer in the house where the vacancy happened must call for an election. There are no deadlines set in the state constitution on when a special election can be held[72].

Rhode Island

If there is a vacancy in the Rhode Island General Assembly, a special election must be held to fill the vacant seat. The Secretary of State must call for an election to be held anywhere from 70 to 90 days after the vacancy occurred. No election can be held if the vacancy happens after the first Monday in February during an election year[73]. The person elected to fill the seat serves for the remainder of the unfilled term[74].

South Carolina

If there is a vacancy in the South Carolina Legislature, a special election must be held to fill the vacant seat. If candidates plan to seek the nomination through a party convention, the filing period begins on the third Friday after the vacancy happened. The qualifying deadline is ten days after the filing period opens[75].

If a candidate plans to seek the nomination via petition, all signatures must submitted to the appropriate filing officer no later than sixty days before the election. All signatures must be verified by the filing officer no later than 45 days before the election[76].

A primary election must be held on the eleventh Tuesday after the vacancy occurs. If necessary, a primary runoff must be held on the thirteenth Tuesday after the vacancy occurs. The special election is held on the eighteenth Tuesday after vacancy occurs. No special election can be held less than 60 days before the general election[76].

South Dakota

Under the state constitution, the Governor is responsible for filling all vacancies in the South Dakota Legislature. There are no deadlines set in the state constitution requiring when the Governor has to fill a vacancy[77].

Tennessee

In Tennessee, there are two ways a vacancy can be filled in the General Assembly. When twelve months or more remain in a unfilled term, a special election must be held within the allowable time frame set by law. If less than twelve months remain in a term, members of the legislative house in which the vacancy occurred must vote on a replacement[78].

Texas

If there is a vacancy in the Texas Legislature, the Governor must call a special election to fill the vacant seat[79]. A Governor's proclamation to a special election must be delivered to local elections authorities representing the vacant seat no later than 36 days before the scheduled election[80].

The Secretary of State can declare a candidate duly elected in a special election if there is no opposition[81].

Utah

If there is a vacancy in the Utah Legislature, the Governor is responsible for selecting a replacement. A liaison for the political party that last held the seat must recommend a successor to the Governor. The vacancy must be filled immediately. The person who is selected for the vacant seat serves for the remainder of the unfilled term[82].

If the vacancy happens after the nominating deadline in an election year, a new candidate must file papers in order to appear on the ballot. This is only if the vacancy happens after September 1st and the unfilled term is set to expire at the end of the election. Nominating papers must be filed within 21 days after the vacancy happened[83].

Vermont

If there is a vacancy in the Vermont General Assembly, the Governor must select a replacement to fill the vacant seat.

The Governor must select a replacement that will serve for the remainder of the unexpired term. There are no deadlines set by statute on when a vacancy has to be filled[84] [85]

Virginia

If there is a vacancy in the Virginia General Assembly, a special election must be conducted to fill the vacant seat[86]. The governing body of the city or county that represents the vacant seat must petition a circuit court for a special election within 15 days of the vacancy. All special elections must be held promptly, [87] however, no special election can be held if it occurs less than 55 days before any statewide primary or general election, or if there are less than 60 days remaining in the vacated term. [88].

Washington

If there is a vacancy in the Washington State Legislature, the Board of County Commissioners where the vacant seat is located has the responsibility to select a replacement. The state central committee of the political party that last held the seat must submit a list of three candidates to the Board of County Commissioners representing the vacant district. A selection must be made within 60 days after the vacancy occurred [89].

West Virginia

In West Virginia, the Governor is responsible for filling all vacancies in the Legislature[90] [91].

For vacancies in the House of Delegates, the executive committee of the political party that holds the seat must submit a list of three candidates to the Governor. The list must be submitted to the Governor within 15 days of the vacancy. The Governor must make a selection within five days of receiving the list. The person that is selected to fill the vacancy serves the remainder of the unfilled term[91].

For vacancies in the Senate, a gubernatorial appointment is required if less than two months and two years are left in the vacant Senator's term. A temporary gubernatorial appointment is required for any vacancy that has more than two months and two years remaining. The person who is selected by the Governor to fill the seat on an interim basis, serves until the next scheduled general election. A special election must be held to determine a permanent replacement. The executive committee of the political party that holds the vacant Senate seat is responsible for making recommendations to the Governor on any appointment[91].

Wisconsin

In Wisconsin, any vacancy in the Legislature must be filled by a special election[92]. The Governor can call for an election when allowed by law. The election cannot be held after February 1 before a spring general election, unless it is held on the same day of the election, which is the first Tuesday in April. The same requirement applies to any election preceding the fall general election (after September 1), with the exception for elections held on the first Tuesday in November [93]. Also, all vacancies must be filled quickly as long the vacancy happened before the second Tuesday in May during an election year[94].

Wyoming

If there is a vacancy in the Wyoming Legislature, the Board of County Commissioners representing the vacant district must select a replacement. The state central committee of the political party that last held the seat must submit a list of three candidates to the Board of County Commissioners. The party committee must submit the list of candidates within 30 days after the vacancy happened[95].

The Board of County Commissioners selects the replacement within five days of receiving the list of candidates and serves for the remainder of the unexpired term[96].

External links

References

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  5. 5.0 5.1 Arizona Legislature "Arizona Revised Statutes"(Referenced Statute 41.1202 (B), Arizona Revised Statutes)
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  9. Arkansas Legislature "Arkansas Code"(Referenced Statutes, 7-11-105 1 (a)-(c))
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  11. Michie "Colorado Constitution"(Referenced Section Article V, Section II, Subsection 3)
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  51. Michie "Code of Mississippi"(Referenced Statute 23-15-851 (2))
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  57. State of New Hampshire "State Constitution-Senate"(Referenced Sections, Section 34)
  58. New Jersey Legislature "New Jersey Constitution"(Referenced Section Article IV, Section 4, (1))
  59. New Mexico Legislature "New Mexico Constitution"(Referenced Section, Article IV, Section 4)
  60. New York State Legislature "New York State Public Officers Law"(Referenced Statute § 42 (4))
  61. New York Legislature "New York State Public Officers Law"(Referenced Statute § 38)
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  65. North Dakota Legislature "North Dakota Century Code"(Referenced Statute 16.1-13-10 (1))
  66. Ohio Legislature "Ohio Constitution"(Referenced Section, Article II, Section 11)
  67. Justia "Oklahoma Statutes"(Referenced Statute 26-12-106(A), Oklahoma Statutes)
  68. Justia "Oklahoma Statutes"(Referenced Statute 26-12-106(B), Oklahoma Statutes)
  69. Justia "Oklahoma Statutes"(Referenced Statute 26-12-105, Oklahoma Statutes)
  70. OregonLaws "Oregon Election Law(Referenced Statute 171.051, (1) (a)-(c))
  71. OregonLaws "Oregon Election Law(Referenced Statute 171.051, (2)-(6))
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  73. Rhode Island Legislature "Rhode Island General Laws"(Referenced Statute 17-3-6 (a))
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  89. Washington Legislature "Washington Constitution"(Referenced Section Article II, Section XV)
  90. West Virginia Legislature "West Virginia Constitution"(Referenced Section, Article 4, Section 7)
  91. 91.0 91.1 91.2 West Virginia Legislature "West Virginia Code"(Referenced Statute 3-10-5, WV Code)
  92. Wisconsin Legislature "Wisconsin Election Law"(Referenced Statute 17.19 (1), Wisconsin Statutes)
  93. Wisconsin Legislature "Wisconsin Election Law"(Referenced Statute 8.50, Wisconsin Statutes)
  94. Wisconsin Legislature "Wisconsin Election Law"(Referenced Statute 8.50(4)-(d), Wisconsin Statutes)
  95. Wyoming Legislature "Wyoming Election Code"(Referenced Statute 22-18-111 (iii)-(A))
  96. Wyoming Legislature "Wyoming Election Code"(Referenced Statute 22-18-111 (iii)-(A))
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