Page 1 GAO-25-107428 ELECTIONS
In recent years, a growing number of threats have been made against members
of Congress. In light of these threats and the COVID-19 pandemic, there has
been increased interest in whether states are appropriately positioned to hold
special elections to fill mass vacancies in the U.S. House of Representatives
(House). The U.S. Constitution requires each state’s governor to issue written
orders for special elections to fill House vacancies. In contrast with the
constitutional provision related to filling U.S. Senate vacancies, there is no such
provision for the temporary appointment of Representatives in the House.
Figure 1: U.S. Capitol Building, where the U.S. House of Representatives Assembles
Following the terrorist attacks on September 11, 2001, a federal law was enacted
in 2005 that generally requires states to hold special elections within 49 days of
the Speaker of the House announcing that there are more than 100 vacancies in
the House (2 U.S.C. § 8(b)). Under the statute, this is referred to as
“extraordinary circumstances.”
We were asked to review state capabilities to hold special elections to fill
vacancies in the House in extraordinary circumstances, consistent with the
federal law. This report includes observations on state laws related to holding
special elections to fill House vacancies. It also provides the perspectives of state
election officials and subject matter experts on the capabilities of, and challenges
facing, states in holding special elections to fill House vacancies consistent with
the federal law, among other information.
• Nine states have laws for holding special elections to fill House vacancies in
extraordinary circumstances, consistent with the federal law.
U.S. Government Accountability Office
Observations on State Laws and
Holding Special Elections to
-25-107428
Report to Congressional Committees
ecember 16, 2024
