Vacancies & Successors
Historical Highlight
“When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.”
— U.S. Constitution, Article I, section 2, clause 4
House vacancies can be caused by death, resignation, declination, withdrawal, or House action, but the Constitution requires that they be filled by election. The law concerning Members elected to fill vacancies varies according to when the vacancy occurs and applicable state law.
All states, territories, and districts require special elections to fill any vacant House seats during the first session of a Congress. During the second session of a Congress, however, procedures often vary depending on the amount of time between the vacancy and the next general election. 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 100.
In the 99th Congress (1985–1987), there were nine vacancies. One vacancy at the start of the session was due to a contested election. Three created vacancies remained unfilled for the remainder of the 99th Congress.
99th Congress, 1st Session
State, District | Reason for Vacancy, Successor |
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Indiana, 8th | Vacancy due to a Contested Election. The Honorable Francis Xavier "Frank" McCloskey (D) was elected on November 6, 1984. Seat was contested. Pursuant to H. Res. 146, Representative McCloskey was added to the rolls of the House upon executing the oath of office on May 1, 1985. |
Louisiana, 8th | The Honorable Gillis William Long (D) died on January 20, 1985.
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Texas, 1st | The Honorable Sam Blakeley Hall Jr. (D) resigned from the 99th Congress on May 27, 1985. |
99th Congress, 2nd Session
State, District | Reason for Vacancy, Successor |
---|---|
New York, 6th | The Honorable Joseph Patrick Addabbo (D) died on April 10, 1986. The Honorable Alton R. Waldon Jr. (D) was elected June 10, 1986, in a special election. Representative Waldon Jr. was added to the rolls of the House upon executing the oath of office on July 29, 1986. |
Hawaii, 1st | The Honorable Cecil Heftel (D) resigned from the 99th Congress on July 11, 1986.
The Honorable Neil Abercrombie (D) was elected September 20, 1986, in a special election. Representative Abercrombie was added to the rolls of the House upon executing the oath of office on September 23, 1986. |
North Carolina, 10th | The Honorable James Thomas Broyhill (R) resigned from the 99th Congress on May 13, 1986. The Honorable Cass Ballenger (R) was elected November 4, 1986, in a special election. Since the House adjourned sine die, Representative Ballenger was added to the rolls of the House upon executing the oath of office on January 6, 1987, at the start of the 100th Congress. |
Illinois, 4th | The Honorable George Miller O'Brien (R) died on July 17, 1986. Vacancy through the remainder of the Congress. |
Illinois, 14th | The Honorable John E. Grotberg (R) died on November 15, 1986. Vacancy through the remainder of the Congress. |
North Carolina, 13th | The Honorable Charles Orville Whitley (D) resigned from the 99th Congress on December 31, 1986. Vacancy through the remainder of the Congress. |