SourceThe Constitution provides for cases in which House seats become vacant in Article
I, Section 2, clause 4:
When Vacancies happen in the Representation from any State, the Executive
Authority thereof shall issue Writs of Election to fill such Vacancies.
The Constitution thus requires that all House vacancies be filled by special election.
There is no constitutional provision for the appointment of interim Representatives.
Scheduling. The responsibility for scheduling special elections is vested in the
state legislatures (2 U.S.C. 8):
The time for holding elections in any State, District, or Territory for a Representative
to fill a vacancy, whether such vacancy is caused by the death, resignation, or
incapacity of a person elected, may be prescribed by the laws of the several States and
Territories respectively.
House vacancies that occur in the first session of a Congress are invariably filled by
special elections. The responsibility for ordering a special election is vested in the
governors of the states. Most states also either set a window of time, or prescribe an exact
number of days after the vacancy occurs, in which nomination procedures and the special
election must be held. Within these constraints, state governors and election authorities
generally attempt to schedule special elections for a regular election day, in the interests
of economy, convenience, and increased voter participation.
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. For instance, if a House seat becomes
vacant within six months of the expiration of the previous incumbent’s term, many states
allow the seat to remain vacant for a time, providing for a special election to be held on
the regularly scheduled election day, at the same time that a regular election for that seat
for the ensuing Congress is held. Other states, under these circumstances, do not provide
for a special election, and the affected seat remains vacant until the ensuing Congress
convenes the following January.
Nominations. Nomination procedures for House of Representatives special
elections vary as widely among the states as do those for the Senate. Some states require
a special primary election to determine the major party nominees, while minor party and
independent candidates generally qualify by filing a requisite number of petitions for
general election ballot placement. A plurality is sufficient to elect in most primary states,
but some southern states require a majority to nominate in the primary. If no candidate
attains a majority, then a runoff, or second, primary is held at a later date, in which the
two candidates winning the most primary votes compete for the nomination. Others
provide for nomination by such party-established procedures as party congressional
district caucuses and conventions, or meetings of party committees or interested party
members in jurisdictions comprising the affected congressional district.
General Elections. Special general election procedures for the House of
Representatives generally mirror those for the Senate, with some variations. Once again,
in most states a plurality is sufficient to elect in the general election. Several states,
however, have adopted procedures for House special elections that effectively conjoin the
nomination and election process, sometimes in combination with other variations. These
include California, Georgia, Louisiana, and Texas.
CRS-5
All qualified candidates for House special elections in California compete in a
special primary, regardless of party affiliation. Nomination is by petition. Any candidate
receiving more than 50% of the vote in the primary is elected, and the general election is
canceled. If no candidate receives the required majority, the single candidate of each
party receiving the most votes competes in a special general election, wherein a plurality
of votes is sufficient to elect. In the event that candidates of only one party compete in
the primary, a plurality is sufficient to elect, and there is no general election.8
As noted previously, Georgia requires a majority to elect in all congressional and
statewide special elections. If no candidate receives 50% of the vote, then a runoff, or
second, election is held between the two candidates gaining the most votes.9
Louisiana procedures for House special elections are the same as those applying to
its Senate elections. All candidates who qualify for ballot access compete in the primary
election, in which a majority of votes is necessary to elect. A candidate receiving 50%
of the vote is declared elected. If no candidate receives a majority, the two candidates
receiving the most votes, regardless of party affiliation, compete in a second election,
termed a general election. Louisiana mandates the all-parties primary for regular as well
as special elections.10
Texas provides for an all-parties special primary election to fill House vacancies.
All candidates qualifying for placement on the ballot participate in the election, in which
a majority is necessary to elect. A candidate receiving 50% of the vote is declared
elected. If no candidate receives a majority, the two candidates receiving the most votes,
regardless or party affiliation, compete in a second election, termed a runoff in Texas.
Unlike in Louisiana, in Texas the all-parties primary is unique to special elections.11
Winners of House special elections held concurrently with those for the ensuing
Congress are often not sworn in as Members of the House of Representatives, since
Congress has usually adjourned sine die before election day. They are, however, accorded
the status of incumbent Representatives for the purposes of seniority, office selection, and
staffing.
Staff Disposition. Staff of a deceased or resigned Representative are compensated
until a successor is elected to fill the vacancy, performing duties under the direction of the
Clerk of the House (2 U.S.C. 92 b,c).
Copied and pasted as is from source. Typos not mine.
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
