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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.
— Ratified 1913

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.

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.

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