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    How vacancies are filled in state legislatures

    From Ballotpedia - Reading time: 29 min
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    Features of State Legislatures
    Length of terms: Representatives • Senators
    How vacancies are filled in state legislatures
    States with a full-time legislature
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    Comparison of state legislative salaries
    When legislators assume office?
    State constitutions
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    Candidate requirements by state
    Resign-to-run laws
    Unique chamber leadership arrangements in state legislatures, 1994-Present
    Veto overrides in state legislatures
    Elected officials expelled from state legislatures
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    How are vacancies filled?
    Choose a state below:

    The process for filling vacancies varies among the state legislatures. Some states allow the governor, a political party, a legislative chamber, or county board to appoint a replacement, while some states require a special election.

    This page provides information on how every state legislature fills its vacancies. The most common reasons for a vacancy in the state legislature include resignation, death, a new job, election or appointment to another office, or a conviction. The vacancy table below breaks down the different systems that each state uses to fill vacancies. Below the table, you can find information on how each state fills vacancies according to its constitution. This information varies among the states. This page also gives information on past special elections and the average number of special elections called each year.

    HIGHLIGHTS
  • Twenty-five states fill vacancies in the state legislature through special elections. Twenty-one states fill vacancies through appointments, and four states fill vacancies through a hybrid system that uses both appointments and special elections.
  • From 2011-2022, the average number of special elections held per year was 73. The average number of special elections per odd year between 2011 and 2021 was 85. The average per even year between 2011 and 2022 was 61.

    • How are vacancies filled in state legislatures?[edit]

    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. All 50 states use one or more of these systems to fill legislative vacancies.

    Click on a state below to see the process for filling legislative vacancies in that state. The map also displays who holds the real power in filling legislative vacancies. For example, in the state of Utah, the state's constitution says that the governor is responsible for filling a legislative vacancy. However, the political party actually holds the real power in filling vacancies in the Utah State Legislature since the party recommends a successor to the governor and the governor then appoints the new member.

    Types of systems used to fill vacancies[edit]

    How state legislatures fill vacancies?
    Type of system States
    Special elections (25) Alabama • Arkansas • California • Connecticut • Delaware • Florida • Georgia • Iowa • Kentucky • Louisiana • Maine • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • New Hampshire • New York • Oklahoma • Pennsylvania • Rhode Island • South Carolina • Texas • Virginia • Wisconsin
    Political party appointments (4) Colorado • Illinois • Indiana • North Dakota
    Board of county commissioners appointments (7) Arizona • Montana • Nevada • New Mexico • Oregon • Washington • Wyoming
    Governor appointments (9) Alaska • Idaho • Maryland • Nebraska • North Carolina • South Dakota • Utah • Vermont • West Virginia
    Filled by legislative chamber (1) Ohio
    Hybrid-system (4) Hawaii • Kansas • New Jersey • Tennessee


    Note: We designate a state as having a Hybrid-system if a vacancy is filled by one or more of the above methods. The method employed in these states is usually dependent on the amount of time remaining in the vacant legislator's term or the time until the next general election in that state.

    State by state policies[edit]

    Alaska[edit]

    If there is a vacancy in the Alaska State Legislature, the governor is responsible for selecting a replacement. The governor must select the replacement within 30 days after the vacancy happens. Nevertheless, if the predecessor's term is set to expire or if a special election is scheduled to fill a vacancy in the state Senate before the legislature reconvenes, the governor is not authorized to appoint someone to fill the vacancy.[1]

    DocumentIcon.jpg See sources: Alaska Stat. §15.40.320


    Alabama[edit]

    If there is a vacancy in the Alabama State Legislature, a special election must generally be conducted in order to fill the vacant seat. In the event that a vacancy occurs on or after October 1 in the year of a regular election, the seat will remain vacant until filled at the regular election. Otherwise, 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]

    DocumentIcon.jpg See sources: Alabama Code § 17-15-1


    Arizona[edit]

    If there is a vacancy in the Arizona State Legislature, the board of county supervisors must select a replacement. 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 a meeting to fill the seat within three business days of receiving notice.[4] The political party committee is involved in the appointment process only if the legislative district has thirty or more elected precinct committeemen.[4]

    If the legislative district has 30 or more elected precinct committeemen:

    • The precinct committeemen must nominate three qualified electors as replacements. If the Legislature is in session, this must occur within five days. If the Legislature is out of session, the committeemen have 21 days to nominate potential replacements. Each elector must receive a majority of the committeemen's vote to earn a nomination. The chair then forwards the three nominees to the board of supervisors. The board of supervisors appoints a nominee from the three names. If the committeemen do not submit a list of names within the allotted timeframe, the board of supervisors proceeds with the vacancy as if the district had fewer than 30 elected precinct committeemen.[4]

    If the legislative district has fewer than 30 elected precinct committeemen:

    • The board of supervisors appoints a panel of citizen supervisors within seven business days of a vacancy occurring. The citizen panel must submit the name of three qualified electors of the same political party as the previous incumbent to the board of supervisors. If the Legislature is in session, this must occur within five days. If the Legislature is out of session, the committeemen have 21 days to nominate potential replacements. The board of supervisors must select a replacement by a majority vote.[5]
    • The person selected to fill the seat serves the remainder of the unfilled term.[5]

    DocumentIcon.jpg See sources: Arizona Rev. Stat. Ann. §41-1202


    Arkansas[edit]

    If there is a vacancy in the Arkansas General Assembly, the governor must call for a special election to fill the vacancy. The election must be called by the governor without delay.[6][7] For all special elections in the Senate, the county that first established the district is responsible for conducting the election.[8] If the special election is to fill a House seat, the county board of election commissioners representing the vacant district conducts the election.[9] All special elections must be held on the second Tuesday of the month, unless the second Tuesday of the month falls on a legal holiday or is in June during an even-numbered year.[10]

    DocumentIcon.jpg See sources: Arkansas Stat. Ann. § 7-11-103 and Arkansas Cons. Art. 5, § 6


    California[edit]

    If there is a vacancy in the California State Legislature, the governor must call for a special election. The governor must call the election within 14 calendar days of the vacancy. No special election shall be held if the vacancy occurs after the nominating deadline has passed in the final year of the term of office.[11]

    DocumentIcon.jpg See sources: California Code, 1773 and California Cons. Art. IV, § 2


    Colorado[edit]

    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.[12] 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 of the vacancy committee. The committee must submit and certify their selection to the Secretary of State within 30 days of the vacancy. If, within those 30 days, the committee fails to certify a selection, the governor must select a candidate within five days that meets the appropriate qualifications. The person who is selected to fill the vacancy remains in the seat until the next scheduled general election.[13]

    If the outgoing officeholder was politically unaffiliated, or was a member of a minor-party, nominations to fill the vacancy follow the nomination procedure for regularly scheduled general elections.

    DocumentIcon.jpg See sources: Colorado Art. 5, Sec. 2(3) Colorado Rev. Stat. §1-4-802 and Colorado Rev. Stat. §1-12-203


    Connecticut[edit]

    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 happens. All special elections must be held no later than 46 days after a governor's declaration. If the vacancy occurs between the 125th day and the 49th day before the day of the regular election, the special election will be held on the same day as the general election. If a vacancy occurs after the 49th day before the general election but before the Wednesday following the first Monday of January of the next-succeeding year, the governor shall not call a special election unless the vacant position is that of a member-elect.[14]

    DocumentIcon.jpg See sources: Connecticut Gen. Stat. § 9-215


    Delaware[edit]

    If there is a vacancy in the Delaware General Assembly, the presiding officer of the house in which the vacancy happens must call for a special election within 10 days of the creation of the vacancy. The election must be called for no less than 30 days but no more than 35 days after the writ for the special election has been issued. The governor may issue a writ if the legislature is not in session.[15]

    DocumentIcon.jpg See sources: Delaware Code Ann. tit. 15, § 7101


    Florida[edit]

    If there is a vacancy in the Florida State 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]

    DocumentIcon.jpg See sources: Florida Stat. § 100.101

    Georgia[edit]

    If there is a vacancy in the Georgia General Assembly, the vacant seat must be filled by a special election. If the vacancy occurs during a legislative session, the governor must declare a special election no later than 10 days after the vacancy happens. If the vacancy occurs after the regular legislative session held during the first year of the term of office for members, the governor may order a special election at any time but no later than 60 days before the November general election. If the vacancy occurs between 60 days before the November general election and the next legislative session, the governor is required to order a special election within 10 days.[19]

    The special 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]

    DocumentIcon.jpg See sources: Georgia Code § 21-2-544


    Hawaii[edit]

    If there is a vacancy in the Hawaii State Legislature for a term that ends at the next general election, the governor is responsible for appointing a replacement. The governor must appoint a replacement within 60 days after the vacancy happens. 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]

    In the event of a vacancy for a term that does not end at the next general election, the vacancy shall be filled by a special election at the next general election or by appointment. If the vacancy occurs no later than the 10th day before the close of filing for the next succeeding primary election, the unexpired term will be filled during the subsequent general election. If the vacancy occurs after the 60th day before the next succeeding primary but no later than the 50th day before the next succeeding general election, the unexpired term will be filled during the subsequent general election. The chief election officer shall issue a proclamation of the special election. If the vacancy occurs after the fiftieth day before the next succeeding general election, the governor is required to make an appointment to fill the unexpired term. The appointee will be selected from a list of three prospective candidates submitted by the political party that last held the vacant seat.[20]

    DocumentIcon.jpg See sources: Hawaii Const. Art. 3, Sec. 5, Hawaii Rev. Stat., §17-3, and Hawaii Rev. Stat. § 17-4


    Idaho[edit]

    If there is a vacancy in the Idaho State Legislature, the governor is responsible for appointing a replacement.

    The political party committee that last held the vacant seat has 15 days after the vacancy occurs 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 five 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]

    DocumentIcon.jpg See sources: Idaho Code §59-904A


    Illinois[edit]

    If 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]

    DocumentIcon.jpg See sources: Illinois Const. Art. 4, Sec. 2(d) and Illinois Rev. Stat. ch. 10, § 5/25-6


    Indiana[edit]

    If there is a vacancy in the Indiana 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]

    DocumentIcon.jpg See sources: Indiana Code §3-13-5-0.1


    Iowa[edit]

    If there is a vacancy in the Iowa General Assembly, the vacant seat must be filled by a special election. 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 or within 45 days of the session convening, the governor must call for an election as soon as possible with at least an 18-day notice. All other special elections require a 40-day notice as long the election does not happen on the same day as a school election within the district.[29]

    DocumentIcon.jpg See sources: Iowa Code § 69.14


    Kansas[edit]

    If there is a vacancy in the Kansas State Legislature, the governor is responsible for appointing a replacement, and a special election is held if the vacancy occurs before May 1 of the second year of the officeholder's term. If the vacancy occurs after or on May 1 of the officeholder's second year, the governor is responsible for appointing a replacement, and that person serves out the rest of the term.[30][31][32]

    DocumentIcon.jpg See sources: Kansas Stat. Ann. §25-3903 and Kansas Stat. Ann. §25-312


    Kentucky[edit]

    If there is a vacancy in the Kentucky 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.[33] All nominating petitions must be filed at least 49 days before the election.[34]

    DocumentIcon.jpg See sources: Kentucky Rev. Stat. § 118.730-§118.770


    Louisiana[edit]

    If there is a vacancy in the Louisiana State 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.[35]

    DocumentIcon.jpg See sources: Louisiana Rev. Stat. Ann. § 18:601


    Maine[edit]

    If there is a vacancy in the Maine State Legislature, a special election must be held to fill the vacant seat.[36][37] The governor must call for an election and inform political committees of the nomination deadline.[38][36][37] The person elected to the seat serves for the remainder of the unexpired term.[39]

    DocumentIcon.jpg See sources: Maine Rev. Stat. Ann. tit. 21-A, § 382 Maine Rev. Stat. Ann. tit. 21-A, §366 and Maine Rev. Stat. Ann. tit. 21-A, § 381


    Maryland[edit]

    If there is a vacancy in the Maryland General Assembly, the governor is responsible for appointing a replacement.[40]

    The governor makes 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 by the 30-day deadline, or if the former officeholder was not affiliated with any party, the governor has 15 days to appoint a person from the political party that last held the seat.[41]

    The person appointed to the seat serves for the remainder of the unfilled term.[42]

    DocumentIcon.jpg See sources: Maryland Const. Art. 3, Sec. 13


    Massachusetts[edit]

    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.[43] Local governments that conduct special elections can receive reimbursement from the state treasurer's office for costs incurred.[44][45]

    DocumentIcon.jpg See sources: Massachusetts Gen. Laws Ann. ch. 54, § 141 and Massachusetts Const. Amend. Art. 24


    Michigan[edit]

    If there is a vacancy in the Michigan State Legislature, the governor must call for a special election to fill the vacancy or direct that the vacancy be filled at the next general election.[46][47]

    If the vacancy happens after the statewide primary election, the party organizations in the district select the party's nominee. The nominee must be voted on no later than 21 days after the vacancy occurred and at least 10 days before the general election.[48]

    DocumentIcon.jpg See sources: Michigan Const. Art. 5, § 13


    Minnesota[edit]

    Vacancies in the Minnesota State Legislature are filled through election. If there are more than 150 days before the next state general election, and the legislature will not be in session before the results are canvassed, then any vacancy is filled at the next state general election.[49][50]

    If the vacancy happens during the legislative session, the governor has five days to issue a writ calling for a special election. The election must take place no more than 35 days after the issuance of the writ. If the legislature is out of session and there are fewer than 150 days before the next state general election, the governor must call for a special election so the winner of the election can take office when the legislature reconvenes.[50][51]

    DocumentIcon.jpg See sources: Minnesota Cons. Art. 4, § 4 and Minnesota Stat. § 204D.19


    Mississippi[edit]

    If there is a vacancy in the Mississippi State 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 be given at least 60 days' notice before the election. All qualifying deadlines are 50 days before the election.[52]

    The governor can choose not to issue a writ of election if the vacancy occurs in the same calendar year as the general election for state officials.[52]

    DocumentIcon.jpg See sources: Mississippi Code Ann. § 23-15-851


    Missouri[edit]

    If there is a vacancy in the Missouri General Assembly, the governor of Missouri must call for a special election without delay. The election mandate is sent to the county or counties in the legislative district.[53]

    DocumentIcon.jpg See sources: Missouri Cons. Art. III, §14 and Missouri Rev. Stat. tit. III Ch. 21 §110

    Montana[edit]

    If there is a vacancy in the Montana State Legislature, the board of county commissioners of the county that comprises the legislative district of the vacant seat must select a replacement. The secretary of state must notify the board of county commissioners and the state party that holds the vacant seat no later than seven days after being informed of the vacancy. 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.[54] Any person selected to fill a House seat serves for the remainder of the unfilled term. Any person selected to fill a Senate seat serves until the next scheduled general election.[55]

    DocumentIcon.jpg See sources: Montana Const. Art. 5, Sec 7 and Montana Code Ann. §5-2-402


    Nebraska[edit]

    If there is a vacancy in the Nebraska State Legislature, the governor is responsible for appointing a replacement. If the vacancy occurs after May 1 of the official's second year in office, the replacement must serve the remainder of the unexpired term. If the vacancy happens before that date, the replacement serves the remainder of the unfilled term before the next general election when a new representative is elected.[56]

    DocumentIcon.jpg See sources: Nebraska Rev. Stat. §32-566


    Nevada[edit]

    If there is a vacancy in the Nevada State 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.[57]

    DocumentIcon.jpg See sources: Nevada Const. Art. 4, Sec. 12


    New Hampshire[edit]

    If there is a vacancy in the New Hampshire General Court, a special election must be held to fill the vacant seat. The governor and executive council must call a special election within 21 days of receiving proof of a vacancy or a request that a vacancy be filled.[58][59][60]

    DocumentIcon.jpg See sources: New Hampshire Cons. Part II, Articles 16 and 34 and New Hampshire Rev. Stat. Ann. § 661:8


    New Jersey[edit]

    If there is a vacancy in the New Jersey State Legislature, the vacancy will be filled by an interim appointment by the county leadership of the political party that holds the seat. The office will be on the ballot in the next general election, unless the vacancy occurs within 51 days of the election. If that is the case, the appointment would stand until the following general election.[61][62]

    DocumentIcon.jpg See sources: New Jersey Const., Art. IV, Sec. IV(1)


    New Mexico[edit]

    If there is a vacancy in the New Mexico State Legislature, the board of county commissioners is responsible for filling the vacancy. There are no deadlines set by Article IV, Section 4 of the New Mexico Constitution, which governs legislative vacancies. If the legislative district spans more than one county, the boards of county commissioners each submit one name to the governor, who appoints a candidate from the list.[63] The appointed replacement serves for the remainder of the unfilled term.[64]

    DocumentIcon.jpg See sources: New Mexico Const. Art. 4, Sec. 4


    New York[edit]

    If there is a vacancy in the New York Legislature, a special election must be held to fill the vacant seat. A special election can be held as long as the vacancy occurred before April 1 of the last year of the former officeholder's term. If a special session is called in the state legislature after this date, a special election may be called to fill the seat.[65] The person elected to fill the vacant seat serves for the remainder of the unexpired term.[66]

    DocumentIcon.jpg See sources: New York Public Officers Law § 42


    North Carolina[edit]

    If there is a vacancy in the General Assembly of North Carolina, the governor is responsible for appointing a replacement.[67][68]

    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.[69] The appointment must be made within seven days of receiving a list of recommended candidates.[68] The person selected to the seat serves for the remainder of the unfilled term.[68]

    DocumentIcon.jpg See sources: North Carolina Const. Art. 2, Sec. 10 and North Carolina Gen. Stat. § 163-11


    North Dakota[edit]

    If there is a vacancy in the North Dakota State Legislature, the 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. The appointed person shall serve until the next general election which is scheduled for at least 94 days after the vacancy occurs. Qualified electors in a district where a vacancy exists can also petition for a special election to be called by the governor to fill the remaining term.[70]

    DocumentIcon.jpg See sources: North Dakota Cent. Code §44-02-03.1


    Ohio[edit]

    If there is a vacancy in the Ohio General Assembly, the vacancy must be filled by an election conducted by the members of the legislative house where the vacancy happened who are members of the party that last held the seat. A simple majority vote is needed in order to approve a replacement.[71]

    DocumentIcon.jpg See sources: Ohio Const. Art. 2, Sec. 11


    Oklahoma[edit]

    If there is a vacancy in the Oklahoma State Legislature, the governor must call a special election no later than 30 days after the vacancy occurs. No special election can be called if the vacancy occurs in an even-numbered year and if the term of office will expire in that year. This second provision allows special elections to be held for outgoing senators with two or more years left in their terms.[72]

    If a senator announces his or her resignation before March 1 but the effective date lies between the general election and the new session, a special election can be held on the general election dates. The winner of this election will take office upon the senator's official resignation. This only applies to senators with two or more years remaining in their terms.[72]

    DocumentIcon.jpg See sources: Oklahoma Stat. Ann. tit. 26, § 12-106


    Oregon[edit]

    If there is a vacancy in the Oregon State 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.[73] The board must select a person from the political party that last held the vacant seat. The board must consider three to five candidates, nominated by the local county party that last controlled the seat. A replacement must be selected within 30 days of the vacancy. Persons selected to fill vacancies serve until the second Monday in January following the general election.[74]

    DocumentIcon.jpg See sources: Oregon Rev. Stat. §171.051


    Pennsylvania[edit]

    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.[75]

    DocumentIcon.jpg See sources: Pennsylvania Cons. Art. II, §2


    Rhode Island[edit]

    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. The person elected to fill the seat serves for the remainder of the unfilled term.[76]

    DocumentIcon.jpg See sources: Rhode Island Gen. Laws § 17-3-6


    South Carolina[edit]

    If there is a vacancy in the South Carolina Legislature, the presiding officer of the chamber in which the vacancy happens must call for a special election. If candidates plan to seek the nomination through a political party primary or a political party convention, the filing period begins on the third Friday after the vacancy occurs. The qualifying deadline is eight days after the filing period opens.[77]

    If a candidate plans to seek the nomination via petition, all signatures must be submitted to the appropriate filing officer no later than 60 days before the election. All signatures must be verified by the filing officer no later than 45 days before the election.[78]

    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 twentieth Tuesday after the vacancy occurs. If the twentieth Tuesday after the vacancy occurs is less than 60 days prior to the general election, the special election must be held on the same day as the general election.[78][79]

    DocumentIcon.jpg See sources: South Carolina Const. Art. III, § 25 and South Carolina Code Ann. § 7-13-190


    South Dakota[edit]

    If there is a vacancy in the South Dakota State Legislature, the governor is responsible for appointing a replacement. Under the state constitution, there are no deadlines set in the state constitution requiring when the governor has to fill a vacancy.[80]

    DocumentIcon.jpg See sources: South Dakota Const. Art. 3, Sec. 10


    Tennessee[edit]

    If there is a vacancy in the Tennessee General Assembly, there are two ways a vacancy can be filled. When twelve months or more remain before the next general election, a special election must be held within the allowable time frame set by law. If fewer than twelve months remain before the next general election, members of the legislative body in the county where the vacancy occurred must vote on a replacement.[81]

    DocumentIcon.jpg See sources: Tennessee Const. Art. 2, Sec. 15


    Texas[edit]

    If there is a vacancy in the Texas State Legislature, the governor must call a special election to fill the vacant seat.[82] A governor's proclamation to hold a special election must be delivered to county judges in the legislative district no later than 36 days before the scheduled election.[83]

    The secretary of state can declare a candidate duly elected in a special election if there is no opposition.[84]

    DocumentIcon.jpg See sources: Texas Elec. Code § 203.001 et. seq.


    Utah[edit]

    If there is a vacancy in the Utah State 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. A person who is selected to fill a vacant state House seat serves for the remainder of the unfilled term. Interim appointees to state Senate seats serve until the next regular general election.[85]

    If the vacancy happens after the nominating deadline in an election year, but before August 31, a new candidate must file a declaration of candidacy and certificate of nomination in order to be on the ballot. Nominating papers must be filed within 21 days after the vacancy occurs.[86]

    DocumentIcon.jpg See sources: Utah Const. Art. 6, Sec. 13 and Utah Code §20A-1-503


    Vermont[edit]

    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.[87][88]

    DocumentIcon.jpg See sources: Vermont Const. Chap. 2, Art. 45, Vermont Stat. Ann. tit. 2, §4, and Vermont Stat. Ann. tit. 2, §9


    Virginia[edit]

    If there is a vacancy in the Virginia General Assembly, a special election must be conducted to fill the vacant seat. If the vacancy occurs while the legislature is in session, the presiding officer of the house in which the vacancy happens must call for a special election. If the vacancy occurs while the legislature is in recess, the governor shall call the special election. Within 30 days of a vacancy, the appropriate officeholder shall issue a writ of election. If an vacancy occurs between December 10 and March 1, the writ must declare the special election date be within 30 days of said vacancy. All special elections must be held promptly. 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 fewer than 75 days remaining in the vacated term.[89][90]

    DocumentIcon.jpg See sources: Virginia Code § 24.2-216


    Washington[edit]

    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 county 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. If the vacancy occurs in the office of a joint senator or joint representative, the state central committee is responsible for submitting the list of three candidates. A selection must be made within 60 days after the vacancy occurred. The person appointed will hold the seat until his or her successor is elected at the next general or special election in November.[91]

    DocumentIcon.jpg See sources: Washington Const. Art. 2, Sec. 15


    West Virginia[edit]

    If there is a vacancy in the West Virginia State Legislature, the governor must select a replacement to fill the vacant seat.[92][93]

    The executive committee of the political party that held the seat before the vacancy can 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. If the committee does not submit a list within 15 days, the governor must appoint someone of the same political party as the person who left office. The person that is selected to fill the vacancy serves the remainder of the unfilled term.[93]

    DocumentIcon.jpg See sources: West Virginia Const. Art. 4, Sec. 7 and West Virginia Code Ann. §3-10-5


    Wisconsin[edit]

    If there is a vacancy in the Wisconsin State Legislature, a special election must be held to fill the vacant seat.[94] 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 August 1), with the exception of elections held on the first Tuesday in November.[95] Also, all vacancies must be filled quickly as long the vacancy happened before the second Tuesday in May during an election year.[96]

    DocumentIcon.jpg See sources: Wisconsin Cons. Art. IV, § 14


    Wyoming[edit]

    If there is a vacancy in the Wyoming State Legislature, the board of county commissioners representing the vacant district must select a replacement. The meeting to pick the candidates should take place no later than 15 days after the state central committee is notified of the vacancy. 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. Within five days of receiving the list of three candidates, the board of county commissioners shall appoint one of the candidates to fill the vacancy.[97]

    DocumentIcon.jpg See sources: Wyoming Const. Art. 3, Sec. 51 and Wyoming Stat., §22-18-111(a)(iii)


    How nominees are selected for special elections[edit]

    The table below details how nominees are selected in those states that fill vacancies via special elections.

    How nominees are selected for special elections
    State Selection process
    Alabama Special primary elections are held, but parties are not required to participate in primary elections.
    Arkansas Special election nominees are chosen by a convention of party delegates if the vacancy occurs less than 180 days before the general election. If the vacancy occurs more than 180 days before the general election, the state party committees can decide whether to choose their nominees by holding a special primary election or a convention of delegates.
    California Special primary election.
    Connecticut Nominees are chosen by the political parties; no primaries are allowed.
    Delaware Nominees are chosen by the political parties. Unaffiliated candidates can run by submitting a petition with signatures of at least 1% of voters.
    Florida Special primary election.
    Georgia Special primary election.
    Iowa Nominees are chosen by the political parties.
    Kentucky Nominations are made in accordance with party rules.
    Louisiana Special primary election.
    Maine Nominees are chosen by political party committees. Unaffiliated candidates can join the race by submitting a petition.
    Massachusetts Special primary election.
    Michigan When a vacancy is filled by special election, nominees are selected in a special primary. If the vacancy falls between a regular primary and general election, the governor can choose for the vacancy to be filled at the general election. In that case, nominees are selected by political party committees.
    Minnesota Special primary election. Candidates can also be nominated by petition.
    Mississippi Special primary election.
    Missouri Nominees are chosen by political party committees.
    New Hampshire Special primary election.
    New York Nominees are chosen by political party committees.
    Oklahoma Special primary election.
    Pennsylvania Nominees are chosen by political parties.
    Rhode Island Special primary election.
    South Carolina Special primary election.
    Texas No special primary elections are conducted. Instead, all candidates run in the same special election. A runoff election is held if no candidate meets the vote requirement in special election.
    Virginia Nominees are chosen by political party committees.
    Wisconsin Special primary election (if required).

    Historical data on special elections[edit]

    The average number of special elections per even year between 2011 and 2023 (2012, 2014, 2016, 2018, 2020, and 2022) was 61, while the average per odd year was 80. The most special elections in a single year during that same time frame was 99, which happened in 2018.

    The table below details how many state legislative seats changed parties as the result of a special election between 2011 and 2023. The numbers on the left side of the table reflect how many vacant seats were originally held by each party, while the numbers on the right side of the table show how many vacant seats each party won in special elections.

    State legislative special election vacancies and results, 2011-2023
    Year Total elections held Vacancies before elections Seats held after elections Net change
    Democratic Party Democrats Republican Party Republicans Minor party Democratic Party Democrats Republican Party Republicans Minor party
    2023 53 33 20 0 33 20 0 -
    2022 54 36 18 0 36 18 0 -
    2021 66 33 33 0 33 33 0 -
    2020 59 21 38 0 27 32 0 +6 D, -6 R
    2019 77 39 38 0 36 40 1 -3 D, +2 R, +1 I
    2018 99 42 57 0 50 49 0 +8 D, -8 R
    2017 98 45 53 0 56 42 0 +11 D, -11 R
    2016* 65 37 28 0 39 24 2 +2 D, -4 R
    2015* 89 42 46 1 38 50 1 -4 D, +4 R
    2014 40 22 18 0 19 21 0 -3 D, +3 R
    2013 84 51 33 0 48 36 0 -3 D, +3 R
    2012 46 23 23 0 25 21 0 +2 D, -2 R
    2011* 95 49 45 1 46 48 1 -3 D, +3 R
    Averages 71 36 35 N/A 37 35 N/A N/A
    *Please see the year-specific pages for information regarding minor-party candidates.

    See also[edit]

    External links[edit]

    Footnotes[edit]

    1. ↑ Alaska State Legislature, " Sec. 15.40.320. Condition and time for filling vacancy by appointment," accessed February 8, 2021 (Statute 15.40.320)
    2. ↑ Alabama Legislature, "Code of Alabama," accessed February 5, 2021 (Section 17-15-1)
    3. ↑ 3.0 3.1 Alabama Legislature, "Code of Alabama," accessed February 5, 2021 (Section 17-15-3)
    4. ↑ 4.0 4.1 4.2 Arizona Legislature, "Arizona Revised Statutes," accessed February 8, 2021 (Statute 41.1202 (A), Arizona Revised Statutes)
    5. ↑ 5.0 5.1 Arizona Legislature, "Arizona Revised Statutes," accessed February 8, 2021 (Statute 41.1202 (B), Arizona Revised Statutes)
    6. ↑ Arkansas Legislature, "Arkansas Code - Unannotated," accessed February 9, 2021 (Statutes, 10-2-118)
    7. ↑ Arkansas Legislature, "Arkansas Code - Unannotated," accessed February 9, 2021 (Statutes, 10-2-119)
    8. ↑ Arkansas Legislature, "Arkansas Code - Unannotated," accessed February 9, 2021 (Statutes, 10-2-120(a)(1))
    9. ↑ Arkansas Legislature, "Arkansas Code - Unannotated," accessed February 9, 2021 (Statutes, 7-11-103(a))
    10. ↑ Arkansas Legislature, "Arkansas Code - Unannotated," accessed February 9, 2021 (Statutes, 7-11-105 1 (a)-(c))
    11. ↑ California Legislative Information, "California Code," accessed February 9, 2021 (Statute, 1773-California Government Code)
    12. ↑ JUSTIA US Law, "Colorado Constitution," accessed February 10, 2021 (Article V, Section II, Subsection 3))
    13. ↑ FindLaw, "Colorado Revised Statutes Title 1 Elections § 1-12-203 Vacancies in general assembly," accessed February 10, 2021 (Statute 1-12-203, (1)-(3))
    14. ↑ Connecticut General Assembly, "Connecticut General Statutes," accessed February 10, 2021 (Statute 9-215(a), Connecticut General Statutes)
    15. ↑ Delaware Legislature, "Delaware Election Code," accessed May 22, 2014 (Statutes § 7101 and § 7104, Delaware Code)
    16. ↑ Florida Legislature, "2023 Florida Statutes," accessed January 23, 2024 (Statute 100.101(2), Florida Election Code)
    17. ↑ Florida Legislature, "2023 Florida Statutes," accessed January 23, 2024 (Statute 100.141 (1) (2), Florida Election Code)
    18. ↑ Florida Legislature, "2023 Florida Statutes," accessed January 23, 2024 (Statute 100.111 (1) (a-c), Florida Election Code)
    19. ↑ 19.0 19.1 The State of Georgia, "Official Code of Georgia," accessed January 23, 2024 (Statute 21-2-544)
    20. ↑ 20.0 20.1 Hawaii Legislature, "Hawaii Revised Statutes," accessed May 22, 2014 (Statute 17-3(a) (1)-(2))
    21. ↑ Hawaii Legislature, "Hawaii Revised Statutes," accessed May 22, 2014 (Statute 17-4(a)-(b))
    22. ↑ Idaho Legislature, "Idaho Statutes," accessed January 23, 2024 (Statute 59-904A)
    23. ↑ Illinois General Assembly, "Illinois Constitution," accessed February 4, 2021 (Section Article IV, Section 2(d))
    24. ↑ Illinois General Assembly, "Illinois Compiled Statutes," accessed February 4, 2021 (Statute 10 ILCS 5/25-6)
    25. ↑ Illinois General Assembly, "Illinois Election Code," accessed February 4, 2021 (Statute 10 ILCS 5/25 6 (a), (c))
    26. ↑ Illinois General Assembly, "Illinois Election Code," accessed February 4, 2021 (Statute 10 ILCS 5/25 6 (d))
    27. ↑ Illinois General Assembly, "Illinois Election Code," accessed February 4, 2021 (Statute 10 ILCS 5/25 6 (f))
    28. ↑ Indiana General Assembly, "Indiana Code," accessed February 5, 2021 (§3-13-5-0.1)
    29. ↑ Iowa General Assembly, "Iowa Code - 2021," accessed February 9, 2021 (Statute 69.14)
    30. ↑ Kansas Legislature, "2022 Statute," accessed August 9, 2023 (Statute 25-3903, Kansas Statutes)
    31. ↑ Kansas Legislature, "2022 Statute," accessed August 9, 2023 (Statute 25-312, Kansas Statutes)
    32. ↑ Kansas Office of Revisor of Statutes, "25-321. Vacancy in state senate and house of representatives; tenure of office of person appointed to fill vacancy," accessed February 2, 2024
    33. ↑ Kentucky Legislative Research Commission, "Kentucky Revised Statutes," accessed February 10, 2021 (Statute 118.730)
    34. ↑ Kentucky Legislative Research Commission, "Kentucky Revised Statutes," accessed February 10, 2021 (Statute 118.770)
    35. ↑ Louisiana Legislature, "Louisiana Election Code," accessed February 10, 2021 (Statute 18:601, Louisiana Statutes)
    36. ↑ 36.0 36.1 Maine Legislature, "Maine Revised Statutes," accessed February 11, 2021 (Statute 21A-381)
    37. ↑ 37.0 37.1 Maine Legislature, "Maine Revised Statutes," accessed February 11, 2021 (Statute 21A-382)
    38. ↑ Maine Legislature, "Constitution of the State of Maine," accessed February 11, 2021 (Article IV, Section 5)
    39. ↑ Maine Legislature, "Maine Revised Statutes," accessed February 11, 2021 (Statute 21A-361)
    40. ↑ Maryland State Archives, "Maryland Constitution," accessed February 11, 2021 (Article III, Section 13, Subsection (a)(1))
    41. ↑ Maryland State Archives, "Maryland Constitution," accessed February 11, 2021 (Article III, Section 13, Subsections (a)(1) and (a)(2))
    42. ↑ Maryland State Archives, "Maryland Constitution," accessed February 11, 2021 (Article III, Section 13, Subsection (a)(4))
    43. ↑ Massachusetts General Court, "General Laws," accessed February 12, 2021 (Section Chapter 50, Section 6A)
    44. ↑ Massachusetts General Court, "General Laws," accessed February 12, 2021 (Section Chapter 3: Section 10A)
    45. ↑ Massachusetts General Court, "General Laws," accessed February 12, 2021 (Section Chapter 54: Section 141)
    46. ↑ Michigan Legislature, "Statute 168.178, Michigan Compiled Laws," accessed February 12, 2021
    47. ↑ Michigan Legislature, "Constitution of Michigan of 1963, Article 5, Section 13," accessed February 12, 2021
    48. ↑ Michigan Legislature, "Statute 168.634 (1)-(2), Michigan Compiled Laws," accessed May 22, 2014
    49. ↑ Minnesota Revisor of Statutes, "Constitution of the State of Minnesota," accessed February 12, 2021 (Article 4, Section 4)
    50. ↑ 50.0 50.1 Minnesota Revisor of Statutes, "2020 Minnesota Statutes," accessed February 12, 2021 (Statute 204D.19 (1)-(3))
    51. ↑ Minnesota Revisor of Statutes, "2020 Minnesota Statutes," accessed February 12, 2021 (Statute 204B.13)
    52. ↑ 52.0 52.1 Justia US Law, "2020 Mississippi Code," accessed February 6, 2023 (Statute 23-15-851)
    53. ↑ Missouri General Assembly, "Missouri Constitution," accessed February 4, 2021 (Article 3, Section 14)
    54. ↑ Montana Legislature, "Montana Code Annotated," accessed February 9, 2021 (Statute 5-2-402 (3) (a)-(c))
    55. ↑ Montana Legislature, "Montana Code Annotated," accessed February 9, 2021 (Statute 5-2-405 (1)-(2))
    56. ↑ Nebraska Legislature, "Nebraska Revised Statutes," accessed February 9, 2021 (Statute 32.566)
    57. ↑ Nevada Legislature, "Constitution of Nevada," accessed February 9, 2021 (Article IV, Section XII)
    58. ↑ State of New Hampshire, "State Constitution-House of Representatives," accessed February 10, 2021 (Sections 12 and 16)
    59. ↑ State of New Hampshire, "State Constitution-Senate," accessed February 10, 2021 (Section 34)
    60. ↑ New Hampshire General Court, "Title LXIII: Elections," accessed February 10, 2021 (Title LXIII, Chapter 661:8)
    61. ↑ New Jersey Legislature, "Our Legislature," accessed February 10, 2021
    62. ↑ New Jersey Legislature, "New Jersey Constitution," accessed February 10, 2021 (Article IV, Section 4, (1))
    63. ↑ Justia US Law, "2021 New Mexico Statutes Section 2-8D-4," accessed February 6, 2023
    64. ↑ New Mexico Legislature, "New Mexico Constitution," accessed February 11, 2021 (Article IV, Section 4)
    65. ↑ FindLaw, "New York Consolidated Laws, Public Officers Law - PBO § 42. Filling vacancies in elective offices," accessed February 11, 2021 (Statute § 42 (4))
    66. ↑ FindLaw, "New York Consolidated Laws, Public Officers Law - PBO § 38. Terms of officers chosen to fill vacancies," accessed February 11, 2021 (Statute § 38)
    67. ↑ General Assembly of North Carolina, "North Carolina Constitution," accessed February 12, 2021 (Article II, Section 10)
    68. ↑ 68.0 68.1 68.2 General Assembly of North Carolina, "North Carolina General Statutes," accessed February 12, 2021 (Statute 163-11(a), NC General Statutes)
    69. ↑ General Assembly of North Carolina, "North Carolina General Statutes," accessed February 12, 2021 (Statute 163-11(b-d), NC General Statutes)
    70. ↑ North Dakota Legislative Branch, "North Dakota Century Code §44-02-03.1," accessed February 6, 2023
    71. ↑ Ohio Constitution, "Article II, Section 11: Filling vacancy in house or senate seat," accessed February 2, 2023
    72. ↑ 72.0 72.1 Justia US Law, "2014 Oklahoma Statutes Title 26. Elections §26-12-106. Vacancies in the Legislature," accessed February 3, 2023 (Statute 26-12-106(A), Oklahoma Statutes)
    73. ↑ OregonLaws, "Oregon Revised Laws," accessed February 15, 2021 (Statute 171.051, (1) (a)-(c))
    74. ↑ OregonLaws, "Oregon Revised Laws," accessed February 15, 2021 (Statute 171.051, (2)-(6))
    75. ↑ State of Pennsylvania, "Pennsylvania Constitution," accessed February 15, 2021 (Article II, Section 2)
    76. ↑ Rhode Island General Laws, "Title 17 Elections; Chapter 3 General Assembly Members; § 17-3-6. Vacancy in general assembly — Special elections," accessed February 3, 2023
    77. ↑ South Carolina State Legislature, "South Carolina Code," accessed February 17, 2021 (Statute 7-13-190 (A)-(B))
    78. ↑ 78.0 78.1 South Carolina State Legislature, "South Carolina Code," accessed February 17, 2021 (Statute 7-13-190 (B))
    79. ↑ South Carolina State Legislature, "South Carolina Constitution," accessed February 17, 2021 (Article 3, Section 25)
    80. ↑ South Dakota Legislature, "South Dakota Constitution Article III, Section 10," accessed February 3, 2023
    81. ↑ Tennessee Legislature, "Tennessee Constitution," accessed May 22, 2014 (Article II, Section 15)
    82. ↑ Texas Legislature, "Election Code," accessed February 16, 2021 (Statute 3.003 (3))
    83. ↑ Texas Legislature, "Election Code," accessed February 16, 2021 (Statute 3.003 (3)(b)-(c))
    84. ↑ Texas Legislature, "Election Code," accessed February 16, 2021 (Statute 2.055)
    85. ↑ Utah Legislature, "Utah Code - Statutes 20A-1-503 (3) (a)-(b)," accessed February 17, 2021
    86. ↑ Utah Legislature, "Utah Code - Statutes 20A-1-503 (3) (a)-(b)," accessed February 17, 2021
    87. ↑ Legislative Council of the General Assembly for the State of Vermont, "Vermont Statutes Unannotated and Vermont Court Rules," accessed February 3, 2021 (Statute, 2-1-4, Vermont Statutes)
    88. ↑ Legislative Council of the General Assembly for the State of Vermont, "Vermont Statutes Unannotated and Vermont Court Rules," accessed February 3, 2021 (Statute, 2-1-9, Vermont Statutes)
    89. ↑ Virginia Law Library, "§ 24.2-216. Filling vacancies in the General Assembly," accessed February 16, 2021 (Statute 24.2-216, Virginia Code)
    90. ↑ Virginia Law Library, "§ 24.2-682. Times for special elections," accessed February 16, 2021
    91. ↑ Washington Legislature, "Washington Constitution - Section Article II, Section 15," accessed February 8, 2023
    92. ↑ West Virginia Legislature, "West Virginia Constitution," accessed February 9, 2021 (Section, Article 4, Section 7)
    93. ↑ 93.0 93.1 West Virginia Code, "Article 10 Filling Vacancies: §3-10-5 Vacancies in State Legislature," accessed February 8, 2023
    94. ↑ Wisconsin Legislature, "Wisconsin Statutes," accessed February 10, 2021 (Statute 17.19 (1), Wisconsin Statutes)
    95. ↑ Wisconsin Legislature, "Wisconsin Statutes," accessed February 10, 2021 (Statute 8.50, Wisconsin Statutes)
    96. ↑ Wisconsin Legislature, "Wisconsin Statutes," accessed February 10, 2021 (Statute 8.50(4)-(d), Wisconsin Statutes)
    97. ↑ Wyoming Legislature, "Wyoming Election Code," accessed February 16, 2021 (Statute 22-18-111 (iii)-(A))
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