82.0k views
3 votes
If a Senator dies or resigns while in office, how is their position filled?

a) The state governor appoints a replacement
b) A special election is held
c) The President appoints a replacement
d) The position remains vacant until the next regular election

User Pielgrzym
by
8.1k points

2 Answers

4 votes

Final answer:

When a Senator dies or resigns, the state's governor is often authorized to appoint a temporary replacement until a special election is held, as outlined in the 17th Amendment.

Step-by-step explanation:

If a Senator dies or resigns while in office, the position is generally filled through the authority of the state's governor. According to the 17th Amendment and various state laws, the process can involve both the appointment of a replacement by the governor and the holding of a special election. Specifically, the 17th Amendment states that the executive authority of the state shall issue writs of election to fill such vacancies. It also provides that the state legislature may empower the governor to make temporary appointments until a special election occurs, as directed by the legislature.

In the majority of states, the governor is authorized to appoint a temporary senator who will serve until the special election determines a permanent replacement. This allows for the seat to be filled without a significant delay and ensures that the state continues to have full representation in the Senate.

User Wes BOREland
by
7.1k points
4 votes

Final answer:

When a Senator dies or resigns, the state governor can appoint a temporary replacement, with a special election later held to elect a new senator for the rest of the term, as per the 17th Amendment.

Step-by-step explanation:

If a Senator dies or resigns while in office, the state governor has the authority to appoint a replacement. According to the 17th Amendment of the U.S. Constitution, when vacancies occur in the Senate, the executive authority of the state shall issue writs of election to fill such vacancies. Additionally, the state legislature may allow the governor to make temporary appointments until a special election can be held.

The procedure is that the governor appoints a temporary senator who will serve until a special election is organized. This special election is conducted to elect a new senator who will serve for the remainder of the term. Notably, all but four states—Massachusetts, Oregon, Wisconsin, and Oklahoma—permit such temporary appointments, with the special election following according to the state's directed timetable.

User Miroslav Trninic
by
8.5k points