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Oct 1, 2022 · According to the U.S. Constitution and state law, the governor of the state calls for a special election to replace the vacant House seat. The full election cycle must be followed including political party nominating processes, primary elections and a general election, all held in the congressional district involved.
- Robert Longley
The Constitution provides for vacancies in the House of Representatives 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. The Constitution thus requires that all House vacancies must be filled by special election.
The Constitution requires that vacancies in the House be filled through an election. In the first session of any Congress, all states, territories, and districts mandate a special election in case of a vacancy in any House seat. If the vacancy occurs during the second session, requirements differ based on the length of time between when the ...
Nov 12, 2024 · While the seat is vacant, the office of the former representative remains open and is operated under the Clerk of the House of Representatives. In the Senate, the governor of the state is to call an election to fill a vacancy. In the meantime, the state's legislature can authorize the governor to make a temporary appointment until the special ...
Oct 17, 2022 · The differences in how House and Senate vacancies are filled can be traced to the Framers’ debates over how to create Congress. Having two chambers in Congress is part of the Federal Government’s checks-and-balances: Each chamber may stop the other’s legislation. In Federalist 51, James Madison noted that “different modes of election ...
Additionally, under Section 14, if the offices of both governor and lieutenant governor are vacant, the office of governor passes first to the President Pro Tem of the Idaho Senate and next the Speaker of the Idaho House of Representatives. Illinois See also: Governor of Illinois. Details of vacancies are addressed under Article V, Section 6.
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The map below displays the different ways that vacancies are filled in state legislatures according to state law. State legislative vacancies can be filled through special elections, governor appointments, board of county commissioners appointments, political party appointments, legislative chamber appointments, or a type of hybrid system.