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You are here: Experts > Arts/Humanities > Political Science > Legislation, Presidential & Congressional Politics > congressional succession
Expert: Ted Nesbitt
Date: 11/10/2006
Subject: congressional succession
Question
If a congressman is forced out of office, who appoints his successor?
Answer
Dear Lucy:
Here is the "rule" from the U. S. Constitution:
How is a vacancy filled in the event of the death, resignation or declination (refusal to serve) of a Representative?
The Constitution (Article I, Section 2, Clause 4) requires that all vacancies in the House of Representatives be filled by election. All states require special elections to fill any House seat which becomes vacant during the first session of a Congress. Procedures governing vacancies occurring during the second session of a Congress differ from state to state, and are largely dependent on the amount of time intervening between the vacancy and the next general election.
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Each member of the House of Representatives is elected for a two-year period. If he/she leaves office during the FIRST year, then the above rule applies and a NEW election must be held.
If the vacancy occurs in the SECOND year of the term, then the individual states have their own laws. Some states require a special election; other states give the governor the authority to appoint someone, etc.
It depends on the state -- there is NO general rule for all 435 members, IF the vacancy happens in the SECOND YEAR.
Some states do not even appoint a new person, if the second year is nearly over. That's why, if you see a final vote and there are only 430 people who voted and no one has been reported absent. Five vacancies are actually in the House of Representation when that happens, which means that NO appointments have been made for those five seats, or the appointing process has NOT been completed.
For the second year, it differs from state to state.
For the first year, a new election is held.
Ted Nesbitt
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