Summary Filling Legislative Vacancies

Alabama 

Ala. Code § 17-15-1 to 17-15-3 

Governor 

No specified timeline. 

• Special elections to fill vacancies are held on any “day as the governor may direct.”  
• A special election to fill a vacancy is only held if the legislature will be in session prior to the next general election for the office.  

American Samoa 

A. Samoa Const. Art 2, §13; A. Samoa Code §6.0108 

Governor 

Writ of election: no timeline specified. 

Special election: within 60 days of the election being called. 

If a vacancy occurs within three months of the next regular election, no special election shall be held, and the governor shall appoint a qualified person to fill the vacancy. 

Arkansas 

Ark. Const. Art. 5, § 6, Ark. Const. Amendment 29, §1; Ark. Stat. Ann. § 7-11-103, 7-11-105, 7-11-302, 10-2-118 to 10-2-120. 

Governor 

Writ of election: issued “immediately” or “without delay” upon the vacancy occurring. 

Special election: held on the second Tuesday of any month that the governor chooses.  

The special election must be held no sooner than 70 days following the date established in the writ of election. 

California 

Cal. Elec. Code § 10700 et seq.; Cal. Const. Art. IV, § 2 

Governor 

Writ of election: issued within 14 days of vacancy arising. 

Special election: held between 126 days and 140 days after the governor issues the writ. 

• A special primary election must be held on the 9th Tuesday before the general special election is held.  
• If a vacancy occurs after the close of the nomination period in the final term of the office, no special election is held. 

Connecticut 

Conn. Gen. Stat. § 9-215 

Governor 

Writ of election: issued within 10 days of vacancy occurring. 

Special election: held on the 46th day after the governor issues the writ. 

• If the vacancy occurs between the 125th day and the 49th day before the day of the regular election, the special election is held on the same day as the general election.  
• If a vacancy occurs after the 49th day before the general election but before legislative session begins in January the following year, the governor shall not call a special election unless the vacant position is that of a member-elect.  

Delaware 

Del. Code Ann. tit. 15, § 7101, 7102 

During session, the presiding officer of the chamber where the vacancy exists. 

When not in session, the governor “may issue” a writ of election to fill the vacancy. 

Writ of election: issued within 10 days of the vacancy occurring. 

Special election: held between 30 and 35 days after the day of issuing the writ. 

• The special election is held at the same time as the general election if the vacancy arose in a general election year that would require a special election to be held after June 30, but before the general election day. However, the presiding officer may still determine that a vacancy must be filled at a special election held before the general election. 
• If the vacancy arises after Sept. 1 but before the general election and the office is not on the ballot already, the special election shall be set for no sooner than Dec. 12 and no later than Dec. 20.  

District of Columbia 

D.C. Code Ann. § 1–1001.10(d), 1-204.01(d) 

Board of elections 

Writ of election: not specified. 

Special election: held 70 to 174 days after the vacancy occurs 

• If a vacancy occurs before May 1 of the last year of the councilmember’s term of office, the board of elections shall hold a special election on the Tuesday occurring at least 70 days and not more than 174 days after the vacancy occurred. 
• If the vacancy occurs after May 1, the seat is filled by appointment by the central party committee until the next general election. 
• The person appointed or elected at a special election serves as a member of the council only for the remainder of the term during which such vacancy occurred. 

Florida 

Fla. Stat. § 100.101, 100.111 

Governor, after consultation with the secretary of state. 

No timeline specified.  

• The governor, after consultation with the Secretary of State, shall fix the dates of both a special primary election and a special election.  
• “The governor shall consider any upcoming elections in the jurisdiction where the special election will be held.” 
• If a vacancy occurs out of legislative session and no session is scheduled to occur during the remaining portion of the term, a special election is not required. 

Georgia 

Ga. Const. Art. 3, § 4, Para. 5; Ga. Code § 21-2-544 

Governor 

Writ of election:  

• If in session: within 10 days of the vacancy occurring. 

• If out of session: at any time sooner than 60 days before the November election. 

Special election: held between 30 days and 60 days after the writ is issued.  

Guam 

Guam Code Ann. tit. 3, § 13103 

Election Commission 

Writ of election: not specified. 

Special election: held 60 days after the vacancy occurs. 

• Candidates shall file their candidacies no later than 40 days prior to the special election date. 

Iowa 

Iowa Code § 69.14 

Governor 

Writ of election: Within 5 days of the vacancy occurring.  

Special election: 

• If during legislative session: held at the “earliest practical time,” giving at least 18 days of notice before the special election 

• If not in session: held at least 45 days after governor’s notice  

• A special election called to fill a legislative vacancy must be held on a Tuesday and shall not be held on the same day as a school election within the district 

Kentucky 

Ky. Rev. Stat. § 118.730, 118.740 

During session: presiding officer of the chamber in which the vacancy exists.  

When not in session: the governor. 

No specified timeline 

• The writ of election “shall designate the day for holding the election” and is forwarded by mail to the sheriff of each county of the district in which the election is to be held.  
• The writ must be sent to the sheriffs at least 63 days before the election. Each sheriff involved must provide notice of the election at least 56 days before the day of election. 

Louisiana 

La. Rev. Stat. Ann. § 18:601 

Presiding officer of the house in which the vacancy occurs 

Writ of election: within 10 days of the vacancy occurring.  

Special election: no statutory deadline. The presiding officer determines the election dates and associated filing deadlines. 

• A special election is only called if six months or more of the term of the vacant seat remain unexpired. Otherwise, the seat is filled at the next general election. 

Massachusetts 
Mass. Const. Amend. Art. 24; Mass. Gen. Laws Ann. ch. 54, § 141  

For the house: The speaker of the house of representatives  

For the senate: The majority of senators 

Writ of election: not specified 

Special election: held at “such time as the house of representatives may order… all such elections shall be held on a Tuesday” 

• The house of representatives selects a time to hold the election. If the legislature is in recess, then the speaker of the house alone selects the time to hold the election. 

Maine 

Me. Const. Art. IV, Pt. 2, § 5; Me. Rev. Stat. Ann. tit. 21-A, §361, 366, 381, 382; 

Governor 

Writ of election: no specified timeline 

Special election: no specified timeline. 

• Political parties must choose nominees for the special election no sooner than 15 days following the governor’s election proclamation. 
• “The proclamation of a special election must specify the time and place it must be” 
• All state senate vacancies “shall be filled by an immediate election in the unrepresented district. The governor shall issue a proclamation therefor and therein fix the time of such election.” 

Michigan 

Mich. Const. Art. 5, § 13; Mich. Comp. Laws §168.178, 168.634 

Governor 

No timeline specified 

The governor may either call a special election to fill the vacancy or direct it to be filled at the next general election. 

Note: Michigan has an election consolidation schedule for statewide elections giving three different options to choose from. (Mich. Comp Laws 168.641). 

• If a vacancy occurs after the primary election but before the next general election, the governor can decide to fill the vacancy at the general election.  
• If the governor chooses to fill the vacancy at that general election, the executive committee of each political party in the county or counties can select a candidate. The candidate must be voted on no later than 21 days after the vacancy occurred and at least 10 days before the general election  

Minnesota 

Minn. Cons. Art. 4, § 4; Minn. Stat. § 204D.17, 204D.19 

Governor 

Writ of election: within 5 days of the vacancy 

Special election: within 35 days of writ issuance. 

Note: This timeline only applies if the vacancy occurs during legislative session. 

• If the legislature will not be in session before the expiration of the vacant term, no special election is required.  
• The vacancy shall be filled at the next state general election if the vacancy occurs more than 150 days before the next general election and the legislature will not be in session before the results of the state general election are canvassed.  

Mississippi 

Miss. Code Ann. § 23-15-851 

Governor 

Writ of election: within 30 days of the vacancy occurring 

Special election: no timeline specified. The governor must specify a date in the writ of election and must give at least 60 days’ notice of the election to the appropriate jurisdiction(s). 

If a vacancy occurs in a general election calendar year, the governor may choose not to issue a writ of election to fill the vacancy. 

Missouri 

Mo. Const. Art. 3, §14; Mo. Rev. Stat. §21.110, 21.130, 115.125, 115.127 

Governor 

Writ of election: issued “without delay” 

Special election: no specified timeline.  

• The governor issues the writ of election “without delay” upon notice of a vacancy and transmits the writ to the appropriate local election officials. 
• The governor must notify local officials of the election no later than the 10th Tuesday before the election is to be held. 

New Hampshire 

N.H. Const. Part 2, Art. 16 and Art. 34; N.H. Rev. Stat. Ann. §655:81, 661:8 

Governor 

Writ of election: within 21 days of receiving proof of vacancy or a request that the vacancy be filled.  

Special election: held between 110 and 124 days after the governor calls for the election 

• No special election shall be held after March 15 of the second/last year of the term (terms for both senators and representatives are 2 years).  
• A special primary election must be held 49 days prior to the special election.  
• The special election must be held on Tuesday not less than 110 nor more than 124 days following the day that the governor calls for a special election. 

New York  

N.Y. Public Officers Law § 42 

Governor 

Writ of election: within 10 days of the vacancy occurring 

Special election: held between 40 and 50 days after the writ is issued 

A special election is not held if the vacancy occurs between April 1st of the last year of the term and the next general election.  

Northern Mariana Islands 

N. Mar. I. Const. art. II, § 9; C.N.M.I. Code Ann. tit. 1, § 6502 

Governor 

Writ of election: 30 days after the vacancy occurs 

Special election: Between 30 and 60 days after the governor calls for the election. 

• If the governor fails to call a special election within 30 days of a vacancy, the Election Commission shall submit its determination to the governor. The governor shall issue a proclamation for a special election within five calendar days of receipt of a Commission certification of vacancy or recall requiring a special election. 
• If a legislative vacancy occurs and less than one-half of the term remains, the governor shall fill the vacancy through appointment within 30 days of the date of the vacancy. 

Oklahoma 

Okla. Stat. Ann. tit. 26, § 12-106, 12-108, 3-101 

Governor 

Writ of election: within 30 days after the vacancy occurs. 

Special election: no timeline specified. 

Note: Oklahoma has a consolidated election schedule, giving officials a set of dates to choose from. 

• No special election shall be called if the vacancy occurs in an even-numbered year if the term of the office expires the same year. 
• If a senator with two or more years remaining in their term announces their resignation before March 1 of an even-numbered year, the special election to fill their seat can be held at the general election if the effective date of the resignation is between the general election and the new legislative session. 

Pennsylvania 

Pa. Const. Art. II, §2; 25 Pa. Stat. § 2778 

Presiding officer of appropriate chamber 

Writ of election: within 10 days of the vacancy occurring 

Special election: held at least 60 days after the writ is issued 

• The election will be held at the next regularly scheduled election at least 60 days after the writ is issued, or on an earlier date not coinciding with a regularly scheduled election chosen by the presiding officer, so long as it is not less than 60 days after the writ is issued.  
• If the vacancy occurs less than seven months prior to the term expiration, a special election shall be held only if, in the opinion of the presiding officer, the election is in the public interest. 

Puerto Rico 

P.R. Code Ann. tit. 16, § 4705 

Governor 

Writ of election: 30 days following the deadline for the party to submit candidates. 

Special election: held 90 days after it was called. 

• A special election is held if the vacancy occurs more than 12 months before the next general election. 
• The political party may adopt an alternate substitution method to fill the vacancy, instead of using the special election  
• The political party shall have 60 days to file with the election commission the candidates to fill the vacancy at the special election. 
• When a political party nominates only one candidate, the party chair shall certify that said candidate is entitled to hold office. 

Rhode Island 

R.I. Const. Art. 4, §5; R.I. Gen. Laws § 17-3-6 

Secretary of State  

Writ of election: no deadline specified 

Special election: held between 70 and 90 days after the vacancy occurs 

If the vacancy occurs after the first Monday in February in the second year of the term (which is the last year of the term for both senators and representatives), no warrant shall be issued for a special election to fill the vacancy. 

South Carolina 

S.C. Const. Art. 3, § 25; S.C. Code Ann. § 7-13-190 

President of the Senate or Speaker of the House of Representatives 

Writ of election: no deadline specified 

Special election: held on the 20th Tuesday after the vacancy occurs 

• If the 20th Tuesday after the vacancy occurs is less than 60 days before the general election, the special election must be held on the same day as the general election. 
• A primary must be held on the 11th Tuesday after the vacancy occurs. A runoff primary must be held on the 13th Tuesday after the vacancy occurs. 
• The person elected by special election. serves for the remainder of the term. 

Texas 

Tex. Elec. Code §3.003, 201.051, 201.52, 203.001 et. seq. 

Governor 

Writ of election: no later than the 36th day before election day 

Special election: held on the first uniform election date occurring on or after the 36th day after the date the election is ordered. 

• If the vacancy occurs during session with more than 25 days of session still remaining of session, the election must be held between 21 and 45 days after the election is ordered.  

• If the election is to be held as an emergency election, it shall be held on a Tuesday or Saturday occurring on or after the 36th day and on or before the 64th day after the date the election is ordered. 
• If the vacancy occurs during a regular session of the legislature and more than 25 days before the last possible day of the session; or during the 60 days immediately prior to the date of convening the legislative session, the election must be held on a Tuesday or Saturday occurring not earlier than the 21st day or later than the 45th day after the date the election is ordered. 
• For a vacancy to be filled by a special election to be held on the date of the general election for state and county officers, the election shall be ordered not later than the 78th day before election day. 

U.S. Virgin Islands 

V.I. Code tit. 2, § 111 

Governor 

Writ of election: 30 days following the day on which the vacancy occurred. 

Special election: held 60 days from when the special election was called. 

• If the vacancy occurs within one year prior to the general election, the president of the legislature shall appoint the person from the same political party. If the previous office holder was not a candidate of a political party, the legislature by a two-thirds majority of its members shall elect a person from said district, or at large, as the case may be, to fill the vacancy. 

Virginia 

Va. Code § 24.2-216, 24.2-682 

During legislative session: Presiding officer of appropriate chamber 

During legislative recess: governor 

Writ of election: within 30 days of the vacancy 

Special election: if the vacancy occurs between Dec. 10 and March 1, the election must be held no more than 30 days after the vacancy occurs. These dates roughly align with Virginia’s legislative session.  

If the vacancy occurs out of legislative session: no timeline specified 

• The writ shall be issued within 30 days of the vacancy or receipt of notification of the vacancy, whichever comes first.  
• If the vacancy occurs or will occur between Dec. 10 and March 1, the writ shall order the special election to be held no more than 30 days from the date of such vacancy.  
• No election to fill a vacancy shall be ordered or held if the general or special election at which it is to be called is scheduled within 75 days of the end of the term of the office to be filled. 
• “Every special election shall be held on a Tuesday. No special election shall be held within the 55 days prior to a general or primary election. No special election shall be held on the same day as a primary election. A special election may be held on the same day as a general election”  

Wisconsin 

Wis. Const. Art. 4, § 14; Wis. Stat. §8.50, 17.19 

Governor 

Writ of election: not specified 

Special election: between 62 and 77 days from the date of the order 

• No special election may be held after Feb. 1 preceding the spring election unless it is held on the same day as the spring election, nor after Aug. 1 preceding the general election unless it is held on the same day as the general election. 
• If a special election is held concurrently with the spring election, the special election may be ordered not earlier than 92 days prior to the spring primary and not later than 49 days prior to that primary.  
• If a special election is held concurrently with the general election or a special election is held to fill a national office, the special election may be ordered not earlier than 122 days prior to the partisan primary or special primary, respectively, and not later than 92 days prior to that primary. 

Alaska

Alaska Const. Art. 2, Sec. 4; Alaska Stat. §15.40.320, 15.40.330, 15.40.370, 15.40.380

Governor

.

Within 30 days of the vacancy arising

• The appointee is subject to confirmation by party members in the legislative chamber of the vacancy.
• For state senate: If more than two years and five months of the senate term remain unexpired (a senate term is 4 years), a special election is held to fill the seat in conjunction with the first regularly scheduled primary and general elections following the vacancy. The governor appoints a person to fill the seat until the election.

Arizona

Ariz. Rev. Stat. § 41-1202, 16-230

County board of supervisors

If during legislative session: between 18 and 22 days

If out of session: between 42 and 49 days.

• If the county or district committee of the party has a certain number of members, it is responsible for nominating a person for appointment. Otherwise, the county board of supervisors chooses a nominating board composed of party members.
• The political party or nominating committee provides the county board of supervisors with three nominees to fill the vacancy.
• The appointee fills the portion of the term until the next regular general election, when a person is elected to serve the remainder of the unexpired, if any.

Colorado

Colo. Const., Art. 5, Sec. 2(3); Colo. Rev. Stat. §1-12-203

Political party

30 days

The vacancy is filled by the appropriate district party committee until the next general election after the vacancy occurs, when the vacancy shall be filled by election.

District of Columbia

D.C. Code Ann. § 1–1001.10(d), 1-204.01(d)

Party Committee

A special election is held if the vacancy occurs before May 1 of the last year of the term.

No specified timeline

If a vacancy occurs before May 1 of the last year of the councilmember’s term of office, the board of elections shall hold a special election on the Tuesday occurring at least 70 days and not more than 174 days after the vacancy occurred.

Hawaii

Hawaii Const. Art. 3, Sec. 5; Haw. Rev. Stat. §17-3, 17-4

Governor

Within 60 days of the vacancy occurring

• The governor selects a person from three prospective appointees submitted by the same political party as the prior incumbent.
• For state senate: If the term does not end at the next general election, the governor makes a temporary appointment to fill the vacancy within 60 days of the vacancy, and then a candidate to fill the vacancy is elected at the next general election. However, if the senate vacancy occurs 50 days or less before the next general election and no candidates have been nominated to run for the vacant seat the governor’s appointment serves for remainder of the senate term.

Idaho

Idaho Code § 59-904A

Governor

30 days

(35 days if the governor fails to make an appointment within the timeline and the political party appoints instead)

• The governor appoints from a list of three names submitted by the legislative district committee of the same political party as the former member whose seat is vacant.
• If the governor fails to make the appointment within the specified timeline, the legislative district committee shall choose which nominee will fill the vacancy within 5 days after the governor deadline.
• The vacancy shall be so filled until the next general election after such vacancy occurs, when such vacancy shall be filled by election.

Illinois

Ill. Const., Art. IV, § 2; Ill. Comp. Stat. ch. 10, § 5/25-6

Political party for most house vacancies

If the previous incumbent was not a political party member, the governor appoints.

Within 30 days of the vacancy occurring

• Legislative vacancies are filled by the district political party committee of which the incumbent was a candidate at the time of his election.
• If a state senate vacancy occurs with more than 28 months of the term remaining (senate terms are 4 years), the appointment expires at the next general election, when a senator is elected for a new term that commences .

Indiana

Ind. Code §3-13-5-0.1 et seq.

Political party

A vacant seat previously held by an independent must be filled by special election

44 days after vacancy occurs

• The local party/caucus meets to select a person to fill the vacancy, and the state chairman certifies the selected person for appointment
• If the person who held the seat was not elected or selected as a candidate of a major party, then a special election is held to fill the vacancy.
• The person appointed serves for the remainder of the unexpired term.

Kansas

Kan. Const. Art. 2, § 9; Kan. Stat. Ann. § 25-3902, 25-3903

Governor

~43 days after the vacancy occurs

• The local political party of the vacated district meets to select a person to fill the vacancy; the meeting must conclude no later than 35 days after receiving notice of the vacancy and they must deliver the certificate naming the elected appointee to the governor within 24 hours of concluding the meeting.
• The governor must make the appointment within 7 days of receiving the certificate.

Maryland

Md. Const. Art. 3, Sec. 13

Governor

45 days after vacancy occurs

• The central committee of the political party of the vacating senator or representative submits the name of a person to fill the vacancy to the governor. The governor appoints the person whose name they received from the party.
• The appointee serves the remainder of the unexpired term.

Montana

Mont. Const. Art. 5, §7; Mont. Code Ann. §5-2-402, 5-2-406

Board of county commissioners

If in session:

· For legislators belonging to political parties: 15 days

· For independents: 10 days

If not in session:

· For legislators belonging to political parties: 67 days

· For independents: 21 days

• The county party committee proposes a list of prospective nominees to the county commissioners. The county commissioners make and confirm the appointment from the list and notify the secretary of state of the appointment.
• If the vacating member was an independent, the county commissioners make an appointment without nominations from a political party.
• For state senators: if a senate vacancy occurs 85 days or more before the general election of the second year of the office’s term, the appointee serves only until a person is elected to complete the term at the upcoming general election.
• If the senate vacancy occurs on or after the 85th day before the general election held during the second year of the term, the person appointed by the board of county commissioners serves until the end of the term.

Nebraska

Neb. Rev. Stat. §32-566, 32-574

Governor

45 days after the vacancy occurs, “unless good cause is shown that the requirement imposes an undue burden.”

• If the vacancy occurs after May 1 of the second year of the term, the appointee shall serve for the remainder of the unexpired term.
• If the vacancy occurs at any time before May 1 of the second year of the term, the appointee shall serve until the next general election, when a new representative is elected.

Nevada

Nev. Const. Art. 4, §12;

Nev. Rev. Stat. § 218A.260, 218A.262

County commissioners

No timeline specified

• The county commissioners of the county from which the member was elected shall appoint a person of the same political party as the previous senator or assemblyman to fill the vacancy.
• This process only applies where no biennial election or any regular election at which county officers are to be elected takes place between the time of the vacancy arising and the next succeeding session of the legislature.

New Jersey

N.J. Const., Art. IV, Sec. IV(1)

Political party makes interim appointment

Interim appointment: must be made within 35 days of the vacancy arising

The vacancy is filled for the remainder of the term at the next general election unless the vacancy occurs within 51 days of the election.

• The vacancy for the interim period pending election is filled by the members of the county committee of the party the previous incumbent from the municipalities which comprise the legislative district.
• If the vacancy occurs within 51 days of the next general election, the party’s appointee serves for the remainder of the unexpired term.
• A legislative vacancy shall be filled by election for the unexpired term at the next general election that occurs at least 51 days after the vacancy occurs.

New Mexico

N.M. Const. Art. 4, § 4; N.M. Stat. Ann. §2-7F-4, 2-8F-4

If the district is in wholly one county: County commissioners

Legislative districts consisting of more than one county: each county board of commissioners submits a nomination to the governor, and the governor appoints one person from the list of names submitted.

No deadline specified by law

• For a legislative district that is situated wholly within the boundaries of a single county, the board of county commissioners of that county shall appoint the senator or representative to fill the vacancy.
• For a legislative district situated within two or more counties: the board of county commissioners of each county in the senate or representative district shall submit one name to the governor; and the governor shall appoint the senator or representative to fill the vacancy from the list of names so submitted.
• Appointments to fill senate seats last until Dec. 31 following the next general election. At the next general election, a person is elected to serve the remainder of any expired term.

North Carolina

N.C. Const. Art. 2, § 10; N.C. Gen. Stat. § 163-11

Governor

Appointments must be made within 7 days of receiving the recommendation from the party executive committee. No specified timeline for the committee to submit nominations.

• If the governor fails to make the appointment within the required period (7 days after receiving recommendation), they are presumed to have made the appointment, and the recommended person fills the vacancy.
• The appointed person serves for the duration of the unexpired term.

North Dakota

N.D. Cent. Code, § 44-02-03.1

Political party

21 days after the vacancy arises

The individual appointed to fill the vacancy shall serve until a successor is elected at the next general election that is at least 94 days after the vacancy occurs.

Ohio

Ohio Const. Art. 2, §11

Members of same chamber and party as last incumbent

No timeline for appointment.

• The appointee serves until a successor is elected and qualified or, if no election for the unexpired term is held, through the end of the term.
• State senate vacancies occurring in the first 20 months of the 4-year term are filled by a special election held at the next even-numbered year general election. An interim appointment is made by the senate members.

Oregon

Or. Rev. Stat. §171.051

County commissioners

30 days after the vacancy

• The vacancy shall be filled by appointment if the legislative vacancy occurs during legislative session or more than 61 days before the general election is held.
• The political party of the former incumbent must provide a list of three to five nominees to the board of county commissioners to fill the vacancy. The vacancy must be filled by appointment within 30 days after its occurrence.
• If the board of county commissioners does not fill the vacancy within the time allowed, the governor shall fill the vacancy by appointment within 10 days.
• When a vacancy occurs in the office of a state senator before the 61st day before the first general election to be held during that term of office, the remaining two years of the term of office shall be filled by the electors of the affected legislative district at the first general election.

South Dakota

S.D. Const. Art. 3, Sec. 10; S.D. Codified Laws § 13-39A-5

Governor

N/A

• Any vacancy shall be filled in the same manner the vacating member was selected. This partial term does not count as a term for the two-term limit. However, if the Senate fails to confirm the appointee at the next legislative session, the appointee may only serve until the last day of March. The governor shall name a new appointee after that date. The subsequent appointee is subject to the same conditions as set forth in this section.
• The appointee shall serve for the balance of the unexpired term.

Tennessee

Tenn. Const. Art. 2., Sec. 15; Tenn. Code Ann. § 2-14-201, § 2-14-202, § 2-14-203

The governor calls a special election to fill a vacancy if more than 12 months remain before the next general election

No timeline specified for appointments

Writ of election: deadline not specified

Special election: held 100 to 107 days following the writ being issued.

• The governor shall order a special election if the vacancy occurs when 12 or more months remain prior to the next regular election for members of the general assembly.
• Special primary elections must be held between 55 and 60 days from the date the governor issues the writ of election.
• The legislative body of the replaced legislator's county of residence may select an interim successor to serve until the special election
• When a vacancy occurs less than 12 months prior to the next general election for legislators, a successor shall be appointed by the legislative body of the vacating legislator's county of residence.
• The term of any senator appointed by the county legislative body expires at the next general election, at which election a successor shall be elected.
• If a state senate vacancy occurs with more than two years remaining in the term, but less than 12 months before the next general election for members of the general assembly, a successor shall be elected by the voters of the district at the next regularly scheduled general election. The successor shall serve the remainder of the original term.

Utah

Utah Const. Art. 6, Sec. 13; Utah Code §20A-1-503

Governor

“Immediately” upon receiving the nominee from the political party of the vacating legislator.

There is no specified timeline for the political party to submit a name.

• When a vacancy occurs in the office of representative in the legislature, the governor shall fill the vacancy by immediately appointing the person whose name was submitted by the party liaison of prior representative’s political party. The appointee serves for the remainder of the term.
• When a vacancy occurs in a state senate office, it shall be filled for the unexpired term at the next regular general election. The governor shall temporarily fill the vacancy until the next regular general election by immediately appointing the person whose name was submitted by the party liaison of the prior senator’s political party.
• If the state senate vacancy arises after Aug. 31 of an even-numbered year and the senate term does not expire that year, the governor appoints a person to fill the remainder of the term.

Vermont

Vt. Const. Chap. 2, Art. 45; Vt. Stat. Ann. tit. 2, §4, §9, 11, tit. 17 §2623

If the legislature is in session, the general assembly is responsible for filling vacancies.

In other circumstances, the governor appoints to fill vacancies

No deadlines are provided by statute.

• The general assembly fills vacancies that occur while it is in session. The person appointed to fill a vacancy by the general assembly holds the officer for the remainder of the unexpired term.
• When the assembly is not in session, the governor shall appoint a person from the district wherein the vacancy occurs to fill the unexpired term.

Washington

Wash. Const. Art. 2, Sec. 15; Wash. Rev. Code 29A.04.169

County Commissioners

A selection must be made within 60 days after the vacancy occurred.

• The county central committee of the party of the vacating legislator must submit three nominees to the board of commissioners. The board of commissioners appoints one person from the list of nominees.
• If the board of commissioners does not make the appointment within 60 days, the governor shall make the appointment within 30 days of that deadline (effectively within 90 days of the vacancy arising). The person appointed shall hold office until his or her successor is elected at the next general election.
• The first day of the regular filing period, a vacancy occurs in an office that is not scheduled to appear on the general election ballot, leaving an unexpired term for which a successor must be elected at the next general election, filings for that office shall be accepted during the regular filing period. The position shall appear on the primary and general election ballots unless no primary is required.
• If, on the first day of the regular filing period or later, a vacancy occurs in an office that is not scheduled to appear on the general election ballot, leaving an unexpired term, the election of the successor shall occur at the next succeeding general election that the office is allowed by law to have an election.

West Virginia

W. Va. Const. Art. 4, Sec. 7; W. Va. Code Ann. §3-10-5, 2-10-1

Governor

Within 20 days after the vacancy occurs.

• The party executive committee of the vacating legislator submits a list of three names to the governor within 15 days of the vacancy occurring. The governor must make the appointment from the list of three names within five days of receiving it.
• If the list is not submitted to the governor within the 15-day period, the governor shall appoint within five days thereafter a qualified person of the same political party as the person who vacated the office.
• The appointment to fill a vacancy in the House of Delegates is for the unexpired term.
• The appointment to fill a vacancy in the state senate is for the unexpired term, unless a senate vacancy occurs on or before the 84 days before the primary election in a general election year, then the office shall be filled at the following regular primary and subsequent general election and the appointee shall hold the office until a qualified replacement is elected and certified at that general election. The elected replacement shall hold the office until the end of the original term of office.

Wyoming

Wyo. Const. Art. 3, Sec. 51; Wyo. Stat., §22-18-111(a)(iii)

County commissioners

20 days following notification of the vacancy to the state committee of the political party.

• Within 15 days of being notified of the vacancy, the state central committee shall compile and submit a list of three names to the board of county commissioners for each county in which the legislative district is located.
• Within five days after receiving the list of three names, the board of county commissioners shall fill the vacancy by appointment of one of the three to hold the office.
• The person appointed shall serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office.
• However, if a vacancy in a four-year term of office (senate only) occurs during or after the second year of the term after the first day for filing nomination papers for the primary election, no election to fill the vacancy shall be held and the temporary successor appointed shall serve the remainder of the unexpired term.