Cheat Sheet - Senate Vacancies

If you an election junkie as I am, then you are already thinking beyond the 2020 Presidential election. There are several Senators running for President, and a reasonable chance that one of them will be nominated. But how would their vacancies be filled in the Senate? There is always a special election, but the timing (and status of gubernatorial appointment) differs. Here is a handy cheat sheet:

California – Kamala Harris

The Governor (Democrat Gavin Newsom) would appoint a new Senator, and the appointee would stay in office until the next regularly-scheduled general election (November of 2022). They would then run for a six-year term.

Colorado – Michael Bennet

Senator Bennet isn't officially a Presidential candidate yet, but if he were to run, be nominated, and get elected, his seat would be filled by whoever the Governor (Democrat Jared Polis) appointed. That appointee would be on the ballot at the next regularly-scheduled election (November of 2022), for a full six-year term.

Massachusetts – Elizabeth Warren

In Massachusetts, the Governor (Republican Charlie Baker) would make an appointment, and would schedule a special election for between 145 and 160 days after the vacancy occurs. The winner of this special election would fill the seat for the rest of the term, and would be on the ballot again in 2024.

Minnesota – Amy Klobuchar

This seat would be filled by gubernatorial appointment (Democrat Tim Walz). If the vacancy occurs more than 11 weeks prior to a regular primary (which it would), the election will take place at the next regularly-scheduled general election. Therefore, the seat will be on the ballot in November of 2022.

New Jersey – Cory Booker

This seat would have a special election at the next regularly-scheduled general election, which would be in November of 2021. In the interim, the Governor (Democrat Frank Murphy) would appoint a new Senator. The term would last for five years, and the next election would be in 2026. New Jersey law on the subject is contradictory, and it is possible that Governor Murphy would be able to call an earlier special election.

New York – Kirsten Gillibrand

This seat would also have a special election at the next regular general, which would be in November of 2022. The Governor (Democrat Andrew Cuomo) would make an appointment. This election would be for the full six-year term.

Ohio – Sherrod Brown

In the event that Sherrod Brown runs, his seat would be filled by Gubernatorial appointment (Republican Mike DeWine) and would be up for special election in November 2022 (and again in 2024).

Oregon – Jeff Merkley

Currently, Oregon Senator Jeff Merkley would not be allowed to run for both President and re-election, so the issue would be moot.

Vermont – Bernie Sanders

Bernie Sanders’ seat would be filled by special election within three months of the vacancy occurring, with an interim appointment by the Governor (Republican Phil Scott).