What happens if a senator should die




















The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section 3. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation.

When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4. All states do so through elections, but they vary in two ways: whether the vacancy is filled at a regularly scheduled election or at a special election; and whether the governor can make an appointment to fill the vacancy during the period before the election occurs. Presently, 37 states fill Senate vacancies at their next regularly scheduled general election.

The remaining 13 require that a special election be called. And only four states prohibit the governor from making an interim appointment, requiring instead that the seat remain vacant until the next election whether regular or special is held. In another three, the governor may make an appointment to fill the vacancy temporarily, but only under very strict conditions.

In the following 37 states, the governor makes an appointment to fill a U. Senate vacancy, and the appointee serves until the next regularly scheduled, statewide general election. The person elected in that general election serves for the remainder of the unexpired term, if any.

If the term was set to expire at that general election, the person elected serves a full six-year term. North Carolina 1. In contrast to the states above, the 14 states listed below require that a special election be held to fill a vacancy in the office of U. A special election must be held days after vacancy occurs. If the vacancy occurs days before the primary election, the special election shall be held on the date of the primary election.

Governor may make a temporary appointment only in cases where a vacancy occurs after the municipal election in the year preceding the last year of the term or in the last year of the term of a senator. Approval of such nomination requires an affirmative vote of two-thirds of the membership of each chamber of the General Assembly. On specific dates provided by law. A tie is a statistically remote possibility, even in smaller States, and would not be known until late November or early December, after a recount and after the Secretary of State for the State had certified the election results.

Following the November election, one candidate for a Virginia House of Delegates seat was ahead by two 2 votes. Since the results were so close, there was a recount which found that one 1 vote had been miscounted. After the recount, the candidates had the same number of votes. Following State law, they drew lots for a winner. The candidates put their names on individual pieces of paper and put the pieces in a bowl. A neutral third party pulled a name out of the bowl and that candidate was declared the winner.

A very close finish could also result in a run-off election or legal action to decide the winner. Just like a tie, State law determines how the winner is decided, and would be conclusive in determining the selection of electors. The law provides that if States have laws to determine controversies or contests as to the selection of electors, those determinations must be completed at least six days before the meeting of the electors.

The objection must be made in writing and signed by at least one Senator and one member of the House of Representatives. Both the Senate and the House of Representatives debate the objection separately. Debate is limited to two hours.

After the debate, both the Senate and the House of Representatives rejoin and both must agree to reject the votes. After debate, the Senate and the House failed to agree to reject the votes. Uniformed Services include the U. For more information, visit the Federal Voting Assistance Program web site. Can citizens of U. Territories vote for President? Erickson John E. Erickson D-MT. Thompson William H. Thompson D-NE. Hatch Carl A. Hatch D-NM.

Gibson Ernest W. Gibson R-VT. O'Mahoney Joseph C. O'Mahoney D-WY. Benson Elmer A. Benson Farmer Laborite-MN. Long Rose M. Long D-LA. Loftin Scott M. Loftin D-FL. Hill William L. Hill D-FL. Hitchcock Herbert E. Hitchcock D-SD. Berry George L. Berry D-TN. Graves Dixie B. Graves D-AL. Hill Joseph L. Hill D-AL. Milton John G. Milton D-NJ. Reames Alfred E. Reames D-OR. Storke Thomas M. Storke D-CA. Slattery James M. Slattery D-IL. Gibson, Jr. Ball Joseph H.

Ball R-MN. Bunker Berkeley L. Bunker D-NV. Spencer George L. Spencer D-AR. Houston Andrew J. Houston D-TX. Eastland James O. Eastland D-MS. Lumpkin Alva M. Lumpkin D-SC.

Peace Roger C. Peace D-SC. Millikin Eugene D. Millikin R-CO. Jackson Samuel D. Jackson D-IN. Hall Wilton E. Hall D-SC. Mitchell Hugh B. Mitchell D-WA. Briggs Frank P. Briggs D-MO. Hart Thomas C. Hart R-CT. Young Milton R. Young R-ND. Carville Edward P. Carville D-NV. Knowland William F. Knowland R-CA. Huffman James W. Huffman D-OH. Gossett Charles C. Gossett D-ID. Stanfill William A. Stanfill R-KY. Burch Thomas G. Burch D-VA. Swift George R.

Swift D-AL. Holland Spessard L. Holland D-FL. Flanders Ralph E.



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