POLITICS

What happens if a Senate seat becomes vacant?

New Jersey Senator Bob Menendez will reportedly resign after being convicted of taking bribes. What happens if he steps down and his seat becomes vacant?

SARAH SILBIGERREUTERS

After his fellow Democrats called for him to step down from his post after being convicted of taking bribes, New Jersey Senator Bob Menendez will reportedly resign.

Menendez has six months left in his term, so his seat will become vacant during this period if he leaves his post.

What happens if a senate seat becomes vacant?

The Seventeenth Amendment to the Constitution provides a means of filling vacant senate seats, although the process to fill such a vacancy could depend on the laws of the state the senator represented. There are several general procedures that can be followed.

READ ALSO: Senator Menendez to resign after bribery conviction

Appointment by the governor

In many states, the governor has the authority to appoint a temporary replacement to fill the vacant seat until a special election can be held. The specifics of this process can vary.

In some states, the governor can appoint anyone to fill the vacancy. In others, the governor must appoint someone from the same political party as the previous senator. A few other states require the governor’s appointment to be confirmed by the state legislature. The Seventeenth Amendment allows state lawmakers to empower the governor to appoint a replacement.

READ ALSO: Biden reveals what it would take for him to step down

Special Election

A special election is often held to fill the vacancy permanently, but the timing of this process can differ depending on which area the senator represented.

Some states require a special election to be held as soon as possible, while others may schedule the special ballot to coincide with the next general election.

The person appointed by the governor usually serves until the special election selects a new senator to complete the remaining term.

In California, for example, after Kamala Harris resigned to run for vice president, Governor Gavin Newsom appointed Alex Padilla to fill her seat until the next general election.

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