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The Senate
What Happens When a Senator Dies or Resigns?
The seat is filled by an election, and in 43 states the governor appoints someone to serve until then. 35 states hold that election with the next regular general election; 15 call a separate special election. The rules for every state.
State rules: National Conference of State Legislatures, updated July 29, 2026
Quick Answer
- Who fills the seat?
- The voters, at an election; the governor can usually appoint someone in the meantime
- Governor appoints a temporary senator
- 43 states (plus 3 only in limited cases)
- No appointment — seat stays vacant
- Kentucky, North Dakota, Rhode Island and Wisconsin
- Appointee must be from the same party
- 11 states
- Election timing
- 35 states at the next general election; 15 by separate special election
- House vacancies
- Always a special election — no appointments
What the Constitution says
The 17th Amendment
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
Since the 17th Amendment, senators are elected by the people — including to fill a vacancy. A seat left empty by death, resignation or expulsion is filled at an election, and each state’s legislature decides two things by law: when that election is held, and whether the governor may appoint a temporary senator until it is. The appointee is a full senator in the meantime, with the same vote as any other. Whoever wins the election serves out the rest of the term.
NEXT GENERAL ELECTION
35
states fill the seat at the next regular election
SPECIAL ELECTION
15
states hold a separate, earlier election
SAME PARTY REQUIRED
11
states require the appointee to share the senator’s party
How every state fills a Senate vacancy
11 states require a same-party appointee: Arizona, Colorado, Hawaii, Kansas, Maryland, Montana, Nevada, North Carolina, Utah, West Virginia and Wyoming.
| State | Election | Governor appoints? |
|---|---|---|
| AlabamaAla. Code § 36-9-7, 36-9-8 | Separate special election | Yes |
| AlaskaAlaska Stat. §§ 15.40.140, 15.40.145 | Separate special election | Yes |
| ArizonaAriz. Rev. Stat. § 16-222 | Next general election* | YesMust be same party |
| ArkansasArk. Code Ann. § 7-8-102 | Next general election* | Yes |
| CaliforniaCal. Elec. Code § 10720 | Next general election* | Yes |
| ColoradoColo. Rev. Stat. § 1-12-201 | Next general election | YesMust be same party |
| ConnecticutConn. Gen. Stat. § 9-211 | Separate special election | Only in limited cases |
| DelawareDel. Code Ann. tit. 15, § 7321, 7322 | Next general election | Yes |
| FloridaFla. Stat. § 100.161 | Next general election | Yes |
| GeorgiaGa. Code Ann. § 21-2-542 | Next general election* | Yes |
| HawaiiHaw. Rev. Stat. § 17-1 | Next general election* | YesMust be same party |
| IdahoIdaho Code § 59-910 | Next general election* | Yes |
| Illinois10 Ill. Comp. Stat. § 5/25-8 | Next general election | Yes |
| IndianaInd. Code Ann. § 3-13-3-1 | Next general election* | Yes |
| IowaIowa Code § 69.13 | Next general election | Yes |
| KansasKan. Stat. Ann. 25-318 | Next general election | Yes, from a list of three (legislature)Must be same party |
| KentuckyKy. Rev. Stat. § 118.720 | Separate special election | No — seat stays vacant |
| LouisianaLa. Rev. Stat. 18:402, 18:1278 | Separate special election | Only in limited cases |
| MaineMe. Rev. Stat. Ann. tit. 21-A, § 391 | Next general election* | Yes |
| MarylandMd. Election Law Code Ann. § 8-602 | Next general election* | YesMust be same party |
| MassachusettsMass. Gen. Laws Ann. ch. 54, § 140 | Separate special election | Yes |
| MichiganMich. Comp. Laws § 168.105 | Next general election* | Yes |
| MinnesotaMinn. Stat. § 204D.28 | Next general election* | Yes |
| MississippiMiss. Code Ann. § 23-15-855 | Separate special election | Yes |
| MissouriMo. Rev. Stat. § 105.040 | Next general election | Yes |
| MontanaMont. Code Ann. § 13-25-206 | Next general election | Optional, from the senator’s party’s list of threeMust be same party |
| NebraskaNeb. Rev. Stat. 32-565 | Next general election* | Yes |
| NevadaNev. Rev. Stat. § 304.030 | Next general election | YesMust be same party |
| New HampshireN.H. Rev. Stat. § 661:5 | Next general election | Yes |
| New JerseyN.J. Rev. Stat. § 19:3-26 | Next general election* | Yes |
| New MexicoN.M. Stat. Ann. § 1-15-14 | Next general election* | Yes |
| New YorkN.Y. Public Officers Law § 42 | Next general election* | Yes |
| North CarolinaN.C. Gen. Stat. § 163-12 | Next general election* | YesMust be same party |
| North DakotaN.D. Cent. Code 16.1-13-08 | Separate special election | No — seat stays vacant |
| OhioOhio Rev. Code § 3521.02 | Next general election* | Yes |
| OklahomaOkla. Stat. tit. 26, § 12-101; tit. 51, §10 | Separate special election | Yes |
| OregonOr. Rev. Stat. § 188.120 | Separate special election | Yes |
| PennsylvaniaPa. Stat. tit. 25, § 2776 | Next general election* | Yes |
| Rhode IslandR.I. Gen. Laws § 17-4-9 | Separate special election | No — seat stays vacant |
| South CarolinaS.C. Code Ann. § 7-19-20 | Next general election* | Yes |
| South DakotaS.D. Codified Laws §§ 12-11-4, 12-11-5 | Next general election* | Yes |
| TennesseeTenn. Code Ann. § 2-16-101 | Next general election | Yes |
| TexasTex. Elec. Code § 204.002, § 204.005 | Separate special election | Only in limited cases |
| UtahUtah Code § 20A-1-502 | Next general election | Yes, from a list of three (legislature)Must be same party |
| VermontVt. Stat. Ann. tit. 17, § 2621 | Separate special election | Yes |
| VirginiaVa. Code Ann. § 24.2-207 | Next general election* | Yes |
| WashingtonWash. Rev. Code 29A.28.030, 29A.28.041 | Separate special election | Yes |
| West VirginiaW. Va. Code § 3-10-1, 3-10-4 | Next general election* | YesMust be same party |
| WisconsinWis. Stat. § 17.18, § 8.50 | Separate special election | No — seat stays vacant |
| WyomingWyo. Stat. § 22-18-111 | Next general election | YesMust be same party |
Alabama
Separate special election · Appointment: Yes
Alaska
Separate special election · Appointment: Yes
Arizona
Next general election* · Appointment: Yes · Same party required
Arkansas
Next general election* · Appointment: Yes
California
Next general election* · Appointment: Yes
Colorado
Next general election · Appointment: Yes · Same party required
Connecticut
Separate special election · Appointment: Only in limited cases
Delaware
Next general election · Appointment: Yes
Florida
Next general election · Appointment: Yes
Georgia
Next general election* · Appointment: Yes
Hawaii
Next general election* · Appointment: Yes · Same party required
Idaho
Next general election* · Appointment: Yes
Illinois
Next general election · Appointment: Yes
Indiana
Next general election* · Appointment: Yes
Iowa
Next general election · Appointment: Yes
Kansas
Next general election · Appointment: Yes, from a list of three (legislature) · Same party required
Kentucky
Separate special election · Appointment: No — seat stays vacant
Louisiana
Separate special election · Appointment: Only in limited cases
Maine
Next general election* · Appointment: Yes
Maryland
Next general election* · Appointment: Yes · Same party required
Massachusetts
Separate special election · Appointment: Yes
Michigan
Next general election* · Appointment: Yes
Minnesota
Next general election* · Appointment: Yes
Mississippi
Separate special election · Appointment: Yes
Missouri
Next general election · Appointment: Yes
Montana
Next general election · Appointment: Optional, from the senator’s party’s list of three · Same party required
Nebraska
Next general election* · Appointment: Yes
Nevada
Next general election · Appointment: Yes · Same party required
New Hampshire
Next general election · Appointment: Yes
New Jersey
Next general election* · Appointment: Yes
New Mexico
Next general election* · Appointment: Yes
New York
Next general election* · Appointment: Yes
North Carolina
Next general election* · Appointment: Yes · Same party required
North Dakota
Separate special election · Appointment: No — seat stays vacant
Ohio
Next general election* · Appointment: Yes
Oklahoma
Separate special election · Appointment: Yes
Oregon
Separate special election · Appointment: Yes
Pennsylvania
Next general election* · Appointment: Yes
Rhode Island
Separate special election · Appointment: No — seat stays vacant
South Carolina
Next general election* · Appointment: Yes
South Dakota
Next general election* · Appointment: Yes
Tennessee
Next general election · Appointment: Yes
Texas
Separate special election · Appointment: Only in limited cases
Utah
Next general election · Appointment: Yes, from a list of three (legislature) · Same party required
Vermont
Separate special election · Appointment: Yes
Virginia
Next general election* · Appointment: Yes
Washington
Separate special election · Appointment: Yes
West Virginia
Next general election* · Appointment: Yes · Same party required
Wisconsin
Separate special election · Appointment: No — seat stays vacant
Wyoming
Next general election · Appointment: Yes · Same party required
* A different timeline applies when the vacancy falls close to the next general election — often pushing the election to the one after. Exact deadlines are in each statute and on NCSL’s summary.
Appointed senators in 2026
4 senators served by appointment during 2026.
- Ashley Moody (Florida), appointed 2025. Florida fills Senate vacancies at the next general election.
- Jon Husted (Ohio), appointed 2025. Ohio fills Senate vacancies at the next general election.
- Alan Armstrong (Oklahoma), appointed 2026. Oklahoma fills Senate vacancies by special election.
- Darline Graham (South Carolina), appointed 2026. South Carolina fills Senate vacancies at the next general election.
Each of these seats is on the November 3, 2026 ballot. Who held each seat before, and why it opened, is on congressional vacancies.
House vacancies work differently
No one is ever appointed to the House. Article I, Section 2 requires the governor to issue writs of election, so a vacant House seat stays empty until a special election fills it — which can take months, leaving the district without a voting representative. That is why House vacancies change the majority math in a way Senate vacancies rarely do.
Frequently Asked Questions
What happens if a senator dies in office?
The seat is filled by an election. In 43 states the governor appoints a temporary senator who serves until that election; in 4 (Kentucky, North Dakota, Rhode Island and Wisconsin) the seat stays vacant until the election. 35 states hold the election alongside the next regular general election, and 15 hold a separate special election.
Who replaces a senator who resigns?
The same rules apply as for a death: usually a temporary appointee named by the governor, then whoever wins the election to fill the seat, who serves the rest of the term.
Can the governor appoint anyone?
Mostly, but 11 states require the appointee to be from the same party as the senator who left: Arizona, Colorado, Hawaii, Kansas, Maryland, Montana, Nevada, North Carolina, Utah, West Virginia and Wyoming. Kansas and Utah also limit the governor to a list of three chosen by the legislature, and Montana to a list from the senator’s party.
How long does an appointed senator serve?
Until the election to fill the seat is decided. In most states that is the next regular general election; in the states that hold a special election it can be sooner. The winner serves the remainder of the original term.
Which states do not allow the governor to appoint a senator?
Kentucky, North Dakota, Rhode Island and Wisconsin. Connecticut, Louisiana and Texas allow an appointment only temporarily and under certain conditions.
Source: National Conference of State Legislatures, Vacancies in the United States Senate, with the statute each state’s rule rests on. State law changes; check the statute before relying on a timeline.
Related Resources
Vacancies in Congress
Which House and Senate seats are empty right now, who last held them, how each will be filled, and what the vacancies do to the majority number.
When Does Each Senator's Term End?
All 100 senators grouped by when their term expires, with the election that decides each seat.
Understanding Senate Classes
Why only one-third of Senate seats are up for election every two years.
What Can Congress Do?
Can Congress declare war, override a veto, impeach a cabinet member, remove a senator, overrule the Supreme Court, or invoke the 25th Amendment? Question by question, with live vote math.