What are the rules about an appointed Senator?

December 13th, 2017 at 7:24:24 PM permalink
Pacomartin
Member since: Oct 24, 2012
Threads: 824
Posts: 9910
When someone is appointed US Senator what a the rule
(1) Does the rules differ from state to state?
(2) Is it entirely the decision of the Governor?
(3) Does the appointee have to be the same party as the incumbent, or can the Governor appoint someone from his party if it is different? What about independents?
(4) Who determines how long the appointee can be a Senator?

When JFK was elected President in 1960 he had 4 years left in his term. His college roomate was appointed for 2 years before Teddy Kennedy was old enough to run, and Teddy was elected for the remaining 2 years, and then he had to run again 2 years later for his first full 6 year term.

When Sessions was appointed Attorney General had also had 4 years left in his term. Luthur Strange was appointed for less than 1 year, and he lost the primary to Judge Roy Moore.
December 13th, 2017 at 8:02:36 PM permalink
Dalex64
Member since: Mar 8, 2014
Threads: 2
Posts: 2449
It varies from state to state, which means the answer to the rest of the questions is it depends on the state.
http://www.ncsl.org/research/elections-and-campaigns/vacancies-in-the-united-states-senate.aspx
"Everyone is entitled to his own opinion, but not to his own facts." Daniel Patrick Moynihan
December 14th, 2017 at 2:51:28 AM permalink
AZDuffman
Member since: Oct 24, 2012
Threads: 108
Posts: 8105
Quote: Pacomartin
When someone is appointed US Senator what a the rule
(1) Does the rules differ from state to state?


Not only does it, states can change it. MA had a rule that it was up to the governor, then the Democrats changed it to an election when they had a GOP governor and didn't want him getting to choose. IIRC they changed it twice to suit themselves.
The man who damns money has obtained it dishonorably; the man who respects it has earned it
December 14th, 2017 at 10:16:02 AM permalink
Pacomartin
Member since: Oct 24, 2012
Threads: 824
Posts: 9910
Quote: Dalex64
It varies from state to state, which means the answer to the rest of the questions is it depends on the state.

Thank you for that reference as it was exactly what I was looking for.

In 36 states, the governor makes an appointment to fill a U.S. Senate vacancy, and the appointee serves until the next regularly-scheduled, statewide general election. As many vacancies are a because of appointments after nationwide elections, many of the appointees in this category serve almost a full 2 years. As a result they often get the benefits of incumbency before they have to run for election.

The 14 states where special elections are held are probably decided by a lower than average turnout compared to a regularly scheduled election.

Yes Interim Gub. Appt.
Alabama Yes
Alaska Yes
Connecticut Yes
Louisiana Yes
Massachusetts Yes
Mississippi Yes
Texas Yes
Vermont Yes
Washington Yes

No Interim Gub. Appt.
North Dakota No
Oklahoma No
Oregon No
Rhode Island No
Wisconsin No
December 14th, 2017 at 10:57:16 AM permalink
Dalex64
Member since: Mar 8, 2014
Threads: 2
Posts: 2449
I learned something too. I didn't think there was a same-party restriction on a governor's appointment, but in 4 states there are.
"Everyone is entitled to his own opinion, but not to his own facts." Daniel Patrick Moynihan
December 14th, 2017 at 12:03:38 PM permalink
Pacomartin
Member since: Oct 24, 2012
Threads: 824
Posts: 9910
(1) The governor's appointee must be of the same political party as that of the vacating Senator.
(2) If the vacancy occurs before a specified date preceding the regular primary (HI-60 days; MN-11 weeks; NJ-30 days; NY-59 days; VA-120 days), the election is held the following November; if the vacancy occurs within the specified period preceding the regular primary, the vacancy election is held at the second November election after the vacancy occurs.
(3) The governor makes an appointment by selecting from a list of three prospective appointees submitted by the party.

Hawaii (1,2,3)
Arizona (1)
North Carolina (1)
Utah (1)
Wyoming (1)

New York (2)
Minnesota (2)
Virginia (2)
New Jersey (2)


Quote: Dalex64
I didn't think there was a same-party restriction on a governor's appointment, but in 4 states there are.

It's actually 5 states.