Provisions For Filling Vacancies

Provisions For Filling Vacancies


Provisions For Filling Vacancies

The House of Representatives will, in extenuating circumstances, be subjected to having vacancies in its seats. This may happen due to several
instances, such as death, resignation, or a refusal to serve. Vacancies can
often occur when members of the House get appointed to other positions outside
of Congress, such as election to the Presidential office or to the position of
Vice President. Another circumstance that can occur is if a Representative is
removed from h
is/her position due to expulsion. Under the
United States Constitution, it is required that the vacancies in the House of
Representatives be filled by special elections.

The provisions for filling vacancies in the House
of Representatives can be found in Article I, Section 2 of the Constitution.
Clause 4 of Section 2 states: “When Vacancies happen in the Representation
of any State, the Executive Authority thereof shall issue Writs of Election to
fill such Vacancies.”


By Constitutional law, the House of
Representatives is not delegated the responsibility of filling vacancies. The
responsibility and duty to provide for a vacancy rests on the State that has a
vacant seat in their representation
House. The
Constitution requires that vacancies in the House be filled by special
elections. However, it is important to note that there are no provisions
regarding filling such vacancies in a temporary fashion, such as with interim
Representatives. Those that are to be considered in such a special election
must also meet all of the eligibility requirements set forth in the
Constitution under Article I, Section 2 (See Also:
 Election and Qualification).

Special elections regarding vacancies in the House
of Representatives are the responsibility of the States. The actual scheduling
of a special election will vary from State to State, as each has its own
regulation and provisions regarding special elections. Furthermore, the time at
which the vacancy occurs can also have an impact on the scheduling of a special


Vacancies in the House occurring during the first session of
Congress are predominantly filled through special election. Many states provide
for a certain amount of time after the vacancy occurs to provide for nomination
procedures and the special election to be held. For the most part, most states
will hold the special election on the next regular election day for convenience
purposes. However, when a vacancy occurs during the second session of Congress,
procedures will differ on a different scale.


Much is dependent on the time the vacancy occurs and when the
next general election is scheduled. Furthermore, another aspect to be
considered is when the term of a current Representative is to be over, which
will, in effect, determine the next general election date. Therefore, it is
possible for a seat in the House of Representatives to be vacant for quite a
period of time. An example would be if a seat becomes vacant three months
before the Representative’s term was to end. Many seats will simply leave the
seat vacant and forgo a special election, for the regular election is already
scheduled to occur in the near future.




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