State |
Appointee Must Be of Same Party as Vacating Senator |
Additional Requirements |
Statute(s) |
Arizona
|
Yes
|
If the vacancy occurs more than 150 days before the next regular primary election, the vacancy is filled at the next general election. If it occurs within 150 days before the next regular primary election, the vacancy Is filled at the second regular general election held after the vacancy occurs.
|
Ariz. Rev. Stat. § 16-222
|
Arkansas
|
No
|
If the vacancy occurs four or more months before the next general election, it is filled at that election. If it occurs less than four months before the next general election, it is filled at the second general election after the vacancy occurs.
|
Ark. Code Ann. § 7-8-102
|
California
|
No
|
If the vacancy occurs more than 148 days before the regular primary, the election is held the following November. If the vacancy occurs within 148 days before the primary, the vacancy election is held at the second November election after the vacancy occurs.
|
Cal. Elec. Code § 10720
|
Colorado
|
No
|
n/a
|
Colo. Rev. Stat. § 1-12-201
|
Delaware
|
No
|
n/a
|
Del. Code Ann. tit. 15, § 7321, 7322
|
Florida
|
No
|
n/a
|
Fla. Stat. § 100.161
|
Georgia
|
No
|
The vacancy is filled at the next November statewide general election that occurs at least 40 days after the vacancy occurs.
|
Ga. Code Ann. § 21-2-542
|
Hawaii
|
Yes
|
If the vacancy occurs more than 21 days before the regular primary, the election is held the following November. If the vacancy occurs within 21 days before the primary, the vacancy election is held at the second November election after the vacancy occurs.
|
Haw. Rev. Stat. § 17-1
|
Idaho
|
No
|
If the vacancy occurs within 30 days of the general election, it is not filled at that election and is instead filled at the second general election after the vacancy arises.
|
Idaho Code § 59-910
|
Illinois
|
No
|
n/a
|
Ill. Rev. Stat. ch. 10, § 5/25-8
|
Indiana
|
No
|
If the vacancy occurs after noon on the date the election division certifies general election candidates (74 days before the general election), the vacancy is filled at the time of the second general election after the vacancy occurs.
|
Ind. Code Ann. § 3-13-3-1
|
Iowa
|
No
|
n/a
|
Iowa Code § 69.13
|
Kansas
|
No
|
n/a
|
Kan. Stat. Ann. 25-318
|
Maine
|
No
|
If the vacancy occurs 60 days or more before the next regular primary election, nominees are chosen at the primary and a successor is elected for the remainder of the term at the general election. If the vacancy occurs less than 60 days before a regular primary election, the vacancy is filled at the second regular general election after the vacancy occurs.
|
Me. Rev. Stat. Ann. tit. 21-A, § 391
|
Maryland
|
Yes
|
If the vacancy occurs on or before 21 days before the deadline for filing certificates of candidacy for the next regular statewide election, the vacancy is filled for the remainder of the term at that election.
|
Md. Election Law Code Ann. § 8-602
|
Michigan
|
No
|
The vacancy is filled at the next general November election which occurs more than 120 days after the vacancy happens.
|
Mich. Comp. Laws § 168.105
|
Minnesota
|
No
|
If the vacancy occurs more than 11 weeks before the regular primary, the election is held the following November. If the vacancy occurs within 11 weeks before the primary, the vacancy election is held at the second November election after the vacancy occurs.
|
Minn. Stat. § 204D.28
|
Missouri
|
No
|
n/a
|
Mo. Rev. Stat. § 105.040
|
Montana
|
Yes
|
n/a
|
Mont. Code Ann. § 13-25-206
|
Nebraska
|
No
|
If the vacancy occurs on or before Aug. 1 before a statewide general election, the vacancy is filled at that election. If it occurs after Aug. 1 before a statewide general election, the vacancy is filled at the second statewide general election following the vacancy arising.
|
Neb. Rev. Stat. 32-565
|
Nevada
|
Yes
|
n/a
|
Nev. Rev. Stat. § 304.030
|
New Hampshire
|
No
|
n/a
|
N.H. Rev. Stat. § 661:5
|
New Jersey
|
No
|
If the vacancy occurs more than 70 days before the next general election, the election to fill the vacancy is held at the next general November election. If the vacancy occurs within 70 days before the next general, the vacancy election is held at the second November election after the vacancy occurs.
If the governor deems it advisable to call a special election to fill the vacancy before the next general election, they are authorized to do so.
|
N.J. Rev. Stat. § 19:3-26
|
New Mexico
|
No
|
The election to fill the vacancy for the unexpired term shall be held at the next general election occurring at least 30 days after the vacancy arises.
|
N.M. Stat. Ann. § 1-15-14
|
New York
|
No
|
If the vacancy occurs more than 59 days before the regular primary, the election is held the following November. If the vacancy occurs within 59 days before the primary, the vacancy election is held at the second November election after the vacancy occurs.
|
N.Y. Public Officers Law § 42
|
North Carolina
|
Yes
|
The vacancy is filled for the remainder of the term at the first election held for members of the state general assembly that occurs more than 60 days after the vacancy occurs.
|
N.C. Gen. Stat. § 163-12
|
Ohio
|
No
|
The vacancy is filled at the next regular state election that occurs more than 180 days after the vacancy arises.
|
Ohio Rev. Code § 3521.02
|
Pennsylvania
|
No
|
The vacancy is filled for the remainder of the term at the next general or municipal election occurring at least 90 days after the vacancy arises.
|
Pa. Stat. tit. 25, § 2776
|
South Carolina
|
No
|
If the vacancy occurs less than 100 days before the general election, the vacancy is filled for the remainder of the term at the second general election following the vacancy arising.
|
S.C. Code Ann. § 7-19-20
|
South Dakota
|
No
|
n/a
|
S.D. Codified Laws § 12-11-4, 12-11-5
|
Tennessee
|
No
|
n/a
|
Tenn. Code Ann. § 2-16-101
|
Utah
|
Yes
|
The governor sets a date for a primary and general election which must be on the same day as a municipal or general election. The governor may request a special election to occur on a date other than the next general election, subject to legislative approval.
The governor makes a temporary appointment by selecting from a list of three prospective appointees submitted by the legislature.
|
Utah Code § 20A-1-502
|
Virginia
|
No
|
If the vacancy occurs more than 120 days before the next November general election, the election is held that November. If the vacancy occurs within 120 days before the next November general, the vacancy election is held at the second November election after the vacancy occurs.
|
Va. Code Ann. § 24.2-207
|
West Virginia
|
Yes
|
If the vacancy occurs on or before the 84th day before the following regular primary election, the vacancy for the remainder of the term is filled at the general election. If the vacancy occurs between 83 days before the primary election and 84 days before the regular general election, the governor issues a proclamation to have a special primary election on the same date as the regular general election, and a special general election to fill the vacancy on a date between 84 and 120 days following that election.
|
W. Va. Code § 3-10-1, 3-10-4
|
Wyoming
|
Yes
|
n/a
|
Wyo. Stat. § 22-18-111
|