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What are Georgia state rules and timeline for filling a U.S. House vacancy after Jan. 5, 2026?
Executive summary
Georgia must follow the U.S. Constitution and federal practice that House vacancies are filled by election; the state governor issues a writ to call a special election and Georgia law and precedent set the timetable for nomination and election mechanics (U.S. Constitution requirement cited via history.house.gov and NCSL) [1] [2]. Available sources describe the national framework — governors issue writs and states schedule special elections — but the provided documents do not quote Georgia’s exact statutory deadlines or step‑by‑step calendar for a vacancy effective Jan. 5, 2026; those specific Georgia code timings are not found in the current reporting provided [2] [1].
1. Constitutional and federal framework: governors must call an election
The U.S. Constitution requires that vacancies in the House be filled by election and assigns the state executive authority — in practice, the governor — to issue the writs or calls for those elections; federal summaries and historical House pages make that the controlling principle for all states, including Georgia [1] [2].
2. How states generally schedule special elections for House seats
Federal and legislative-policy overviews explain that while the governor has responsibility to order a special election, the timing and nomination procedures are set by state law; many states prescribe windows or exact day counts after a vacancy for when primaries/nomination actions and the special election itself must occur [3] [4].
3. What the sources say about Georgia specifically — limited but clear on authority
Reporting on the announced Jan. 5, 2026 resignation by Rep. Marjorie Taylor Greene notes the constitutional role of the governor in declaring a special election when a vacancy occurs, implying that Georgia will follow that route after the seat becomes vacant [5]. However, among the provided results there is no citation of the specific Georgia Code provisions or Secretary of State schedule that would pin down exact deadlines or number of days between vacancy, candidate filing, primary/runoff (if any), and the special general election in this congressional context [5] [6].
4. Analogies and recent Georgia practice: look at state legislative special‑election calling
For state legislative vacancies, Georgia practice requires special elections and the governor to declare them within a short period when vacancies occur during session (Ballotpedia summarizes a 10‑day governor declaration rule for the Georgia General Assembly) — this shows Georgia uses formal statutory timelines for legislative vacancies and suggests analogous statutory structure may exist for federal special elections, though Ballotpedia’s description addresses state legislature seats, not U.S. House seats [7].
5. What typically determines whether there are primaries, runoffs, or simply a single special election
National summaries note states vary: some require majority outcomes and thus runoffs, others permit plurality winners in special elections, and nomination rules for special elections can be implemented by party conventions, primaries, or direct filing depending on state law [3] [8]. The provided materials do not state whether Georgia’s special‑election practice for U.S. House seats uses a majority runoff or plurality rule in special contests; available sources do not mention that specific Georgia rule for congressional special elections [3] [8].
6. Timeline implications for a Jan. 5, 2026 vacancy
Given the Constitution/federal framework and the governor’s role, the realistic sequence is: vacancy occurs Jan. 5; governor issues writs and sets dates pursuant to Georgia law; state election officials set candidate filing windows and any primary/runoff and special general election dates consistent with statute. The congressional and CRS overviews note that special elections in the first Congress session are universally required and that scheduling varies by state — but the precise number of days Georgia would allow between vacancy and election in this scenario is not provided in the searchable excerpts [1] [4].
7. What reporters and readers should do next to get the exact calendar
To obtain the concrete timetable for the 14th district seat after Jan. 5, 2026, check (a) the Georgia Secretary of State’s official “Call for Special Election” notices (example: state House District 23 special‑election call is published on sos.ga.gov) and (b) the relevant sections of the Georgia Code that govern special elections for federal offices and candidate filing rules. The provided Secretary of State example shows the state publishes formal calls with dates for special and runoff elections [6].
8. Competing perspectives and limitations in available reporting
National sources agree on the governor’s role and that vacancies must be filled by election [2] [1]. Local reporting confirms an imminent resignation and repeats the constitutional process but does not publish Georgia’s statutory calendar for congressional vacancies [5]. Available sources do not mention the exact Georgia statutory deadlines or whether Georgia requires runoffs for special congressional contests, so definitive day counts and nomination mechanics cannot be cited from the current reporting [5] [3].
Bottom line: constitutional and federal guidance make the governor responsible for calling a special election for any U.S. House vacancy; state law sets the calendar. The cited national sources and Georgia reporting establish the authority and intent to hold a special election after Jan. 5, 2026, but the specific Georgia statutory deadlines and step‑by‑step timeline are not contained in the provided documents — consult the Georgia Secretary of State and Georgia Code for the exact schedule [1] [6] [2].