Filling vacancies in the U.S. House of Representatives

This article details how vacancies are filled when they occur in the United States House of Representatives. The Constitution requires that vacancies in the House be filled through an election. In the first session of any Congress, all states, territories, and districts mandate a special election in case of a vacancy in any House seat. If the vacancy occurs during the second session, requirements differ based on the length of time between when the vacancy occurs and the next general election.

The process for filling House vacancies is distinct from that of filling vacancies in the U.S. Senate, where 37 states fill vacancies through gubernatorial appointment and the remaining 13 require a special election.

Historical context

Between 1987 and 2024, there were at least 33 special elections in the U.S. Senate and 172 in the U.S. House. Ballotpedia compiled, where available, data for these special elections, including the party of the winner, the margin of victory, the number of votes cast, the reason for the special election, and the partisan control of the chamber and White House at the time of the election. The same data was collected for comparative purposes for the preceding and subsequent elections in that district or state. 

• In 39 percent of the U.S. Senate special elections during this time period, the seat flipped. Of those flipped seats, 21 percent remained flipped in the subsequent regular cycle election.
• In 16 percent of the U.S. House special elections during this time period, the seat flipped. Of those flipped seats, 75 percent remained flipped in the subsequent regular cycle election.

For more information on the special elections to fill vacancies in the U.S. House, click here.

See also

• Filling vacancies in the U.S. Senate
• How vacancies are filled in state legislatures
• How gubernatorial vacancies are filled

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