How have governors used appointment power versus special elections to fill 2025 legislative vacancies?
Executive summary
Governors’ authority to fill legislative vacancies in 2025 differs sharply by office and by state: governors can appoint interim U.S. Senators in most states (45–46 states, depending on the source) while U.S. House vacancies must be filled by special election and governors issue the writs to set those elections [1] [2]. At the state level, 25 states rely primarily on special elections, 21 on appointments, and 4 use hybrid systems to fill legislative vacancies—Ballotpedia’s 2025 tracking shows 172 state legislative vacancies across 48 states that year, with both appointments and special elections used [3] [4].
1. Governors versus the people: federal divide in vacancy power
The Constitution and later practice split treatment of House and Senate vacancies: the House requires elections to fill vacancies and state governors’ role is to call those special elections; the Seventeenth Amendment, by contrast, allows state legislatures to authorize governors to make temporary Senate appointments until a special election [2] [5]. Pew’s 2024–25 overview and Congressional Research Service reporting make clear governors retain strong temporary appointment power for Senate seats in most states—Pew reports governors in 45–46 states can appoint temporary Senators, with only a handful requiring special elections only [1].
2. How governors actually used appointment power in 2025
Available sources document the institutional framework—governors appoint interim Senators where authorized and issue writs for House special elections—but do not provide a comprehensive, state-by-state accounting of every 2025 gubernatorial appointment versus special election outcome (available sources do not mention a full list of 2025 gubernatorial interim appointments). Ballotpedia’s 2025 state vacancies tracker does document that both mechanisms were used to fill 172 state legislative vacancies in 2025 across 48 states and that 95 state legislative special elections were scheduled in 23 states that year, indicating a mix of appointments and elections at the state level [3] [4].
3. State legislatures’ patchwork—appointments, elections, hybrids
State law governs state legislative vacancies and produces a patchwork: Ballotpedia’s 50‑state map shows 25 states use special elections, 21 use appointments and 4 use hybrid systems to fill legislative vacancies [3] [6]. The National Conference of State Legislatures (NCSL) provides a 50‑state summary confirming wide variation and policy tradeoffs between speed/continuity and democratic accountability [7]. Specific reforms also shifted procedures in 2025—Colorado altered vacancy timing and when vacancy committees or odd‑year elections apply—illustrating active state-level change [8].
4. Political effects and incumbency advantage from appointments
Legal scholarship warns gubernatorial appointments confer incumbency advantages that can shape subsequent elections: a Fordham law review piece recommends limiting interim appointment effects because appointees often enjoy electoral advantages if they run in the later special or regular election [9]. The National Governors Association frames appointment powers as balancing executive discretion with oversight, acknowledging governors routinely fill a range of interim posts including, in some states, legislative seats [10].
5. Constitutional and statutory guardrails governors face
Governors’ power is not uniform: the Seventeenth Amendment and state constitutions set the baseline for federal vacancies, while state statutes, party rules, county boards or vacancy committees can constrain or share appointment authority at the state level [5] [11]. Pew notes Connecticut and a few other states place extra limits (legislative approval or time‑remaining thresholds) on governor appointments to prevent partisan substitution [1]. Ballotpedia documents examples—Utah’s governor technically appoints but follows party recommendation, meaning the party holds “real power” in practice [12].
6. What the numbers show about 2025 practice
Ballotpedia’s trackers for 2025 show a busy year: 172 state legislative vacancies across 48 states, 95 scheduled state legislative special elections in 23 states, and many seats filled by appointment or party/committee processes—evidence that appointment and election mechanisms both played major roles in 2025 vacancy resolution [3] [4]. NCSL and Ballotpedia both emphasize timelines and local rules determine whether a vacancy triggers an immediate special election or an interim appointment followed later by an election [7] [4].
7. Competing views and reform debates
Reform advocates push for faster, more voter‑centric special elections (e.g., mandates for shorter timelines or ranked‑choice open elections) to reduce interim appointment advantages, while governors’ legal advisors and state lawmakers often defend appointment flexibility for continuity and administrative efficiency [9] [10]. Sources show both sides: legal scholarship arguing for curbs on appointment power [9] and governors’ institutions stressing the constitutional and statutory role of executives to fill vacancies quickly [10].
Limitations: reporting above relies on national surveys, legal summaries and Ballotpedia’s 2025 trackers; available sources do not provide a complete state‑by‑state ledger of every 2025 gubernatorial interim appointment versus special election outcome (available sources do not mention such a full ledger) [3] [4].