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Resource(s) on Procedure for filling vacancies


 

Topic: Procedure for filling vacancies
Annotation: Authorizes states to fill vacancies that may arise among their representatives. Also authorizes the president to make temporary appointments to positions that would otherwise require Senate confirmation, if the Senate is in recess.

 

Citation and Text from the Constitution:

Article 1, Section 2, Clause 4
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

 

Article 1, Section 3, Clause 2
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies [Modified by Amendment XVII].

 

Article 2, Section 2, Clause 3
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

 

Amendment 22, Section 2
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 

 

Copyright © 2002  John K. Lee
This site is maintained and operated by John K. Lee jklee@gsu.edu
Last Modified: 02/03/02

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