Resource Vacancies in the United States Senate

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

Alabama

Yes

A special election must be held “forthwith” if the vacancy occurs more than four months before the next general election. If the vacancy occurs less than 60 days before the next general, the governor shall order a special election to be held on the first Tuesday after the lapse of 60 days from the day the governor learns of the vacancy. If a vacancy occurs less than four months but more than 60 days before the next general, the vacancy shall be filled at the following general election. 

Ala. Code § 36-9-7, 36-9-8

Alaska

Yes

A special primary election must be held 60-90 days after vacancy occurs. A special election must be held no later than 60 days after the special primary. If the vacancy occurs 60-90 days before the regularly scheduled primary election, the special primary election shall be held on the date of the primary election and the special election shall be held on the date of the general election.

Alaska Stat. §§ 15.40.140, 15.40.145

Connecticut

Yes

The governor must call for a special election within 10 days of the vacancy occurring, and the election must be held on the 150th day after the governor calls for the election (excluding weekends), unless vacancy occurs between the 125th and 63rd days preceding a regularly scheduled November general election, in which case vacancy is filled at that election.

The governor may make a temporary appointment only in cases where a vacancy occurs after the municipal election in the year preceding the last year of the term or in the last year of the term of a senator. Approval of such nomination requires an affirmative vote of two-thirds of the membership of each chamber of the General Assembly.

Conn. Gen. Stat. § 9-211

Kentucky

No

Not specified.

Ky. Rev. Stat. § 118.720

Louisiana

Yes

A special election is held on specific dates provided by law. If the unexpired term is more than one year, an appointment to fill the vacancy shall be temporary. Any appointed senator shall serve until their successor is elected at a special election and takes office. If the unexpired term is one year or less, no special election is called, but the successor is chosen at the next regular election.

La. Rev. Stat. 18:402, 18:1278

Massachusetts

Yes

The governor must call an election to be held on a day that is 145-160 days after vacancy occurs. If a vacancy occurs after April 10 of an even-numbered year in which the vacant office will appear on the November general election ballot, the vacancy will be filled at the November general. If a vacancy occurs after April 10 of an even-numbered year but on or before the 70th day before the regular state primary, the office shall appear on the regular state primary ballot.

Mass. Gen. Laws Ann. ch. 54, § 140

Mississippi

Yes

Within 100 days of when the governor receives official notice of a vacancy, unless the vacancy occurs in the year of a general state or congressional election, in which case the vacancy is filled in that election

Miss. Code Ann. § 23-15-855

North Dakota

No

When a vacancy occurs in the office of a U.S. senator, the governor shall call a special election to be held within 95 days to fill the vacancy. If the vacancy occurs within 95 days of the expiration of the term of office for that office, no election may be held to fill the vacancy.

N.D. Cent. Code 16.1-13-08

Oklahoma

Yes

A special election will be called to coincide with the next available regularly scheduled primary, runoff primary and general election.

Okla. Stat. tit. 26, § 12-101; tit. 51, §10

Oregon

No

A special election is called by the governor if the vacancy occurs before the 61st day before a general election. If a vacancy occurs after the 62nd day before the general election but on or before the general election, and if the term of that office is not regularly filled at that election, the governor shall call a special election to fill the vacancy as soon as practicable after the general election.

Or. Rev. Stat. § 188.120

Rhode Island

No

At as early a date as is in compliance with the provisions of law. If a vacancy occurs between July 1 and Oct. 1 in an even-numbered year, the special election to fill the vacancy is held concurrently with the regularly scheduled general election.

R.I. Gen. Laws § 17-4-9

Texas

Yes

If vacancy occurs in an even-numbered year on or before the 62nd day before the primary, the remainder of the term is filled at the next regular general election. If vacancy occurs after 62nd day before the primary in an even year, or in an odd year, special election is held on the first uniform election date occurring on or after the 36th day the election is ordered.

The governor shall appoint a person to temporarily fill the vacancy if the vacancy exists or will exist when Congress is in session.

Tex. Elec. Code § 204.002, § 204.005

Vermont

Yes

A date is set by the governor within six months following vacancy, unless vacancy occurs within six months of the general election, in which case the vacancy may be filled at the general election. 

Vt. Stat. Ann. tit. 17, § 2621

Washington

Yes

Not less than 80 days following vacancy, unless vacancy occurs within eight months of the general election, in which case the vacancy is filled at the general election.

Wash. Rev. Code 29A.28.030, 29A.28.041

Wisconsin

No

Between 62 and 77 days after the date of the order of special election, unless vacancy occurs between the second Tuesday in April and the second Tuesday in May in an even year, in which case the vacancy is filled at the regular primary and general elections.

Wis. Stat. § 17.18, § 8.50