Abstract
Many states’ laws for filling vacancies in the U.S. Senate and House of Representatives weaken democratic legitimacy. Vacancies in the House are increasingly prolonged, leaving constituents without representation for extended periods. Senate vacancies are filled more quickly, but gubernatorial appointees often gain a significant incumbency advantage when they later seek election. In this report, the Fordham Law School Rule of Law Clinic recommends holding open, nonpartisan elections, without primaries or runoffs, within three months of most Senate and House vacancies, with earlier initiation when vacancies are anticipated. The report further proposes limiting interim Senate appointments to “caretakers” who serve only until a successor is elected.
Recommended Citation
Nora Donnelly, Alexa Green & Lea Vallone,
Reforms for Filling Vacancies in the U.S. Senate and House of Representatives,
3
Fordham L. Voting Rts. & Democracy F.
(2024).
Available at:
https://ir.lawnet.fordham.edu/vrdf/vol3/iss1/2