what happens when a senator dies in office

When a senator dies in office, the process for filling the vacancy depends on the state. Governors in 46 states have the power to appoint a temporary replacement, and in most of those states, governors have free rein to appoint whomever they wish, with the appointee serving until a successor is elected to fill out the rest of the term. However, some states require a special election to fill a vacancy, and a few states require the governor to appoint a replacement of the same political party as the previous incumbent. The basic rules about replacing U.S. senators are spelled out in the 17th Amendment of the U.S. Constitution, which allows state legislatures to empower the governor to appoint a replacement to complete the term or to hold office until a special election can take place. In 37 states, the governor makes an appointment to fill a U.S. Senate vacancy, and the appointee serves until the next general election. If a vacancy in the office of United States senator occurs more than one hundred fifty days before the next regular primary election date, the person who is appointed shall continue to serve until the vacancy is filled at the next general election. If a vacancy in the office of United States senator occurs one hundred fifty days or less before the next regular primary election date, the person who is appointed shall serve until the vacancy is filled at the second regular general election held after the vacancy occurs, and the person elected shall fill the remaining unexpired term of the vacated office.