What happens if a representative dies in office

The superior court shall hear and render a decision within five days after the filing of the action. Beginning fifteen days before the date of the election, the county recorder or other officer in charge of elections shall mail early ballots within forty-eight hours after receipt of a complete and correct early ballot request from persons qualified to vote.

For a vacancy in the office of United States senator, the governor shall appoint a person to fill the vacancy. That appointee shall be of the same political party as the person vacating the office and, except as provided in subsection D of this section, shall serve until the person elected at the next general election is qualified and assumes office. If the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.

Each body has also used its own Chamber for funeral services. The Senate has so honored some of its most illustrious members, including Henry Clay and Charles Sumner; it also held a service there for the disgraced Senator Joseph McCarthy. The first funeral in the House occurred in for Representative Nathaniel Hazard. The last occurred in , for Speaker William Bankhead. His successor, Samuel Rayburn, assumed the Chair while the casket was still present in the hall.

Other memorial services have been held in National Statuary Hall. If the decedent is a sitting Member of the House, the balance of his or her unpaid salary is provided to the next of kin or a designated beneficiary, if one has been named. In the Senate, the Senate Disbursing Office determines whether any remaining pay or other benefits like health insurance is due to the family. This happened most recently following the death of Senator Frank Lautenberg of New Jersey; it was particularly controversial because the Senate made a faux pas by including it in legislation that ended the government shutdown, which was one front in the ongoing war over government spending.

Aside from the activities to honor the deceased, Congress must also ensure a smooth succession to the next person to serve. Although the constituents of the district do not have a Member who can vote for them, the staff is still available to help them with casework and to provide information on legislation.

In the Senate, the Secretary is responsible for closing the vacant office, and staff are kept on the payroll for 60 days, unless the term would have expired sooner or the Senate Committee on Rules and Administration determines that the closing will take longer than two months. Per the U. Constitution, House vacancies are only filled via special elections, but state legislatures may empower their governors to fill Senate vacancies until a special election can be held.

Want to learn more about Congress? Eric Petersen and Jennifer E. Manning for Congressional Research Service, April 25, The Sausage Factory blog is a Congressional Institute project dedicated to explaining parliamentary procedure, Congressional politics, and other issues pertaining to the legislative branch. Section 8 of Title 2, United States Code, provides that a state governor can cause a special election in extraordinary circumstances; namely, a crisis in which the number of House vacancies exceeds The charts detail the vacancies that have occurred since the th Congress — and subsequent action.

Featured Search Historical Highlights of the House. Learn about Foreign Leader Addresses. Featured Search the People of the House. Majority Leaders.