Guaranteeing all US Senators are elected (vacancy election bills):  Although the 17th Amendment to the Constitution requires election of all senators, it gives states the option to fill vacancies by gubernatorial appointment. Since passage of the 17th amendment, almost a quarter of all U.S. Senators who have served were originally appointed. During the 2009-2010 Senate session, about a quarter of the U.S. population was represented by at least one unelected Senator.

Georgia:

Law Number: GA HR 7 Elective Public Office  
2012 Status: Died.
Date of Last Action: 01/24/11
Author: Franklin (R)
Topics: Candidates-Qualifications for Office Vacancies
Summary: Proposes an amendment to the Constitution so as to provide that a person appointed to fill a vacancy in an elective public office shall not be eligible for election to such office in the next election to fill such office, provides for the submission of this amendment for ratification or rejection.

Hawaii:

Law Number: HI S 1206 Elections  
2012 Status: Died.
Date of Last Action: 01/26/11
Author: Galuteria (D)
Topics: Candidates-Withdrawal/Death
Summary: Clarifies how and when a vacancy relating to the election of party candidates occurs.

********************

Law Number: HI H 1439 Elections  
2012 Status: Died.
Date of Last Action: 01/28/11
Author: Evans (D)
Topics: Candidates-Withdrawal/Death
Summary: Clarifies how and when a vacancy relating to the election of party candidates occurs.

Maryland:

Law Number: MD HJR 3 Maryland Ratification of the 17th Amendment    
2012 Status: Enacted - Joint Resolution Number 4
Date of Last Action: 05/22/12
Author: Raskin (D) 
Topics:  U.S. Senate Vacancies 
Summary: Ratifies the 17th Amenmdnet to require U.S. Senators to be popularly elected.

********************

Law Number: MD SJR 2 Maryland Ratification of the 17th Amendment    
2012 Status: Enacted - Joint Resolution Number 3
Date of Last Action: House - 05/22/12
Author: Raskin (D) 
Topics: U.S. Senate Vacancies 
Summary: Ratifies the 17th Amenmdnet to require U.S. Senators to be popularly elected.

Missouri:

Law Number: MO H 107 Special Elections    
2012 Status: Failed - Adjourned - Senate Financial and Governmental Organization and Elections Committee
Date of Last Action: House - 02/24/11, Senate - 04/11/11
Author: Smith (R)
Topics: Special Elections Vacancies
Summary: Requires special elections to fill vacancies in statewide elected offices.

Montana:

Law Number: MT S 48 Special Elections to Fill Vacancies in US Senate  
2012 Status: Died in Standing Committee after being tabled.
Date of Last Action: 04/28/11
Author: Branae (D)
Topics: Special Elections| Vacancies
Summary: Allows special elections to fill vacancies in US Senate, relates to federal government, relates to elections.

New Jersey:

Law Number: NJ A 1199 Candidate Vacancy  
2012 Status: Pending - Assembly State Government Committee
Date of Last Action: 01/12/10
Author: Rudder (R) 
Additional Authors: Addiego (R)
Topics: Candidates-Withdrawal/Death
Summary: Prohibits filling of vacancy among candidates if vacancy occurs after 48th and before 14th day before general election, with certain exceptions, prohibits filling subsequent vacancies before general election.

********************

Law Number: NJ A 2355 Temporary Senate Appointments 
2011Status: Pending - Assembly State Government Committee
Date of Last Action: 02/25/10
Author: McKeon (D)
Topics: Vacancies
Summary: Requires Governor to make temporary appointment when vacancy occurs in U.S. Senate, requires appointee be member of same political party as person vacating office since beginning of that term, eliminates special election option.

********************

Law Number: NJ A 2436 General Election Vacancy Filings  
2012 Status: Pending - Assembly State Government Committee
Date of Last Action: 03/04/10
Author: McHose (R) 
Additional Authors: Chiusano (R)
Topics: Candidates-Withdrawal/Death
Summary: Prohibits filling of vacancy among candidates nominated at primaries after 48th and before 14th day before general election, except due to death, prohibits filling subsequent vacancies before elections.

********************

Law Number: NJ A 596 US Senate Vacancies 
2012 Status: Pending - Assembly State Government Committee
Date of Last Action: 01/12/10
Author: Cryan (D)
Topics: Special Elections Vacancies
Summary: Requires vacancies in US Senate be filled only by special election.

New York:

Law Number: NY S 26 Vacancy in Office of State Senator 
2011Status: Pending - Senate Elections Committee
Date of Last Action: 01/05/11
Author: Squadron (D)
Topics: Vacancies
Summary: Relates to the procedure for filling a vacancy in the office of a state senator or in the office of a member of assembly.

********************

Law Number: NY A 69 Appointment of Replacement Lieutenant Governor
2012 Status: Pending - Opinion of Attorney-General Referred to Judiciary Committee 
Date of Last Action: 05/21/11
Author: Latimer (D)
Topics: Vacancies
Summary: Provides for the appointment of a replacement lieutenant-governor by the governor, subject to the approval of the state senate, during permanent vacancy of office.

********************

Law Number: NY A 297 Senate Vacancy Election Act 
2012 Status: Pending - Assembly Governmental Operations Committee
Date of Last Action: 01/05/11
Author: Lancman (D)
Topics: Vacancies
Summary: Enacts the "U.S. Senate vacancy election act".

********************

Law Number: NY A 309 Court of Appeals Judge Nomination Reform 
2012 Status: Pending - Assembly Judiciary Committee
Date of Last Action: 01/05/11
Author: Lancman (D)
Topics: Vacancies
Summary: Creates the Court of Appeals Nomination Reform Act, provides that for a vacancy in the office of chief judge or associate judge, qualified persons shall be recommended to the governor who exemplify specified criteria.

********************

Law Number: NY A 1369 State Senator, Member of Assembly Filling Procedure 
2012 Status: Pending - Assembly Election Law Committee
Date of Last Action: 01/05/11
Author: Jeffries (D)
Topics: Vacancies
Summary: Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly. 

********************

Law Number: NY A 1511 Comptroller Vacancy  
2012 Status: Pending - Opinion of Attorney-General Referred to the Judiciary Committee 
Date of Last Action: 05/21/11
Author: Tedisco (R)
Topics: Vacancies
Summary: Provides for the governor to fill a vacancy for the Offices of Comptroller and Attorney General and for such person to serve until the next general election.

North Dakota:

Law Number: ND H 1354 Filling a Vacancy in a Legislative Office  
2012 Status: Failed (Yeas - 41, Nays - 53) 
Date of Last Action: 02/09/11
Author: Kretschmar (R)
Topics: Vacancies
Summary: Relates to filling a vacancy in a legislative office and resignation of a member of the legislative assembly.

Oklahoma:

Law Number: OK S 5 Elections for County Offices  
2012 Status: Died.
Date of Last Action: 02/08/10
Author: Justice (R)
Topics: Candidates-Withdrawal/Death Vacancies
Summary: Relates to elections, requires elections for county offices to be conducted on nonpartisan basis, provides procedures, relates to qualifications for the office of county sheriff, relates to vacancies in state offices, deletes obsolete language, provides procedures in event of death of candidate for county office, modifies information required on declarations of candidacy for certain office, provides for codification, provides an effective date.

********************

Law Number: OK S 139 Elections 2011
2012 Status: Died.
Date of Last Action: 02/08/11
Author: Laster (D)
Topics: Candidates-Qualifications for Office Vacancies
Summary: Relates to elections, requires elections for county offices to be conducted on nonpartisan basis, relate to election procedures, relates to qualifications for the office of county sheriff, relates to vacancies in state offices, deletes obsolete language, provides procedures in event of death of candidate for county office, deletes requirement for registration as member of political party for certain period, provides for codification, provides an effective date.

Oregon:

Law Number: OR H 2433 Elections 
2012 Status: Enacted - Chaptered. Chapter No. 652
Date of Last Action: 08/02/11
Author: Roblan (D)
Topics: Ballot Access-Candidates Vacancies
Summary: Extends deadline for filing nominating petition or declaration of nomination in event of untimely vacancy in partisan elective office, also allows extension of deadline for filing candidate portrait and statement in voters' pamphlet.

Texas:

Law Number: TX H 184 Cancellation of Special Legislature Vacancy Election  
2012 Status: Enacted - Filed with Secretary of State. Chapter No. 467
Date of Last Action: 06/17/11
Author: Johnson (D)
Topics: Special Elections Vacancies
Summary: Relates to the cancellation of a special election to fill a vacancy in the legislature.

Utah:

Law Number: UT H 239 Candidate Vacancy and Campaign Finance 
2012 Status: Failed
Date of Last Action: 03/10/11
Author: Herrod (R)
Topics: Vacancies
Summary: Prohibits a political party from filling a candidate vacancy created by failure to file a campaign finance interim report, prohibits a political party from filling a candidate vacancy created by failure to file a campaign finance interim report, makes technical changes.

West Virginia:

Law Number: WV HJR 20 Legislator Replacement Constitutional Amendment  
2012 Status: Failed - Adjourned - House Constitutional Revision Committee
Date of Last Action: 01/18/11
Author: Doyle (D)
Topics: Vacancies
Summary: Proposes an amendment to the Constitution of the State of West Virginia, amending Section twenty-four, article VI thereof, relating to the procedure for appointing a member when necessary to replace an elected or appointed member, numbering and designating such proposed amendment, and providing a summarized statement of the purpose of such proposed amendment.

Last Updated: 06/11/12