Citizen Advocates for Constitutional Principles


Constitutional Gems - # 731 – 07-30-2007


Question: Does a Governor have the discretion to call for a special election when there is a vacancy in the House of Representatives?



Correction on House Vacancies, Gem 07-16-2007 -

Thank you to Mike Sullivan for his question:

If this gem concerning Reps in the House is true why didn't Sonny Perdue, the Gov. of Ga., appt. someone vs. an expensive election (2)? I understood an appt. is in order for the U.S. Senate but not for the House.

There was an error in the Gem on filling vacancies in the House. The Constitution mandates that the Governor of the state from which there is a vacancy to issue a "writ of election." This means that he is to set a date on which there will be a special election to fill this vacancy rather than appointing a replacement.
Because of the nature of the House of Representatives is to represent the people of the state the Framers were in agreement that this person could not be appointed but had to be elected. Remember, that with the Senate the Governor is to appoint a replacement. the distinction is that originally the Senators represented their state as a whole and were selected by the state legislatures.
The Constitution does give the Governor the option to hold off a special election if the regular election is soon to be held.

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




 

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