State legislative vacancies, 2026
| 2026 State Legislative Vacancies | |
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As of January 2026, there have been nine state legislative vacancies in seven states. The process for filling vacancies varies among the state legislatures. Twenty-five states fill vacancies in the state legislature through special elections. Twenty-one states fill vacancies through appointments, and four states fill vacancies through a hybrid system that uses both appointments and special elections. The most common reasons for a state legislative vacancy include officeholders resigning, dying, leaving for a new job, being elected or appointed to a different office, or receiving a legal conviction.
- Click here to read more about procedures for filling state legislative vacancies.
- Click here to read more about 2026's regular state legislative elections.
- Click here to read more about 2026's special state legislative elections.
The table below details the partisan breakdown for state legislative vacancies in 2026. The number on the left reflects how many vacant seats were originally held by each party, while the number on the right shows how many vacant seats each party held after the special elections and appointments took place.
| Partisan breakdown of the vacancies (2026) | |||
|---|---|---|---|
| Party | As of vacancy | After vacancy | |
| Democratic Party | |||
| Republican Party | |||
| Independent | |||
| Total | 9 | 1 | |
As of January 12th, 2026, Republicans controlled 55.32% of all state legislative seats nationally, while Democrats held 43.47%. Republicans held a majority in 57 chambers, and Democrats held the majority in 39 chambers. Two chambers (Alaska House and Alaska Senate) were organized under multipartisan, power-sharing coalitions. One chamber (Minnesota House of Representatives) was split evenly between both parties.
| Partisan balance of all 7,386 state legislative seats | ||||||||
|---|---|---|---|---|---|---|---|---|
| Legislative chamber | Vacant | |||||||
| State senates | 834 | 1,120 | 6 | 13 | ||||
| State houses | 2,377 | 2,966 | 21 | 49 | ||||
| Total: | 3,211
|
4,086
|
27
|
62 | ||||
Click here for the list of special elections triggered by a state legislative vacancy in 2026.
Current and past vacancies
The table below highlights each instance where a state legislative vacancy triggered a replacement via appointment or special election in 2026. Know of a vacancy that should be covered here? Click here to let us know.
Note: Updates to reflect newly elected or appointed individuals are made only after they have been officially sworn in.
| 2026 state legislative vacancies | |||||||
|---|---|---|---|---|---|---|---|
| Date of vacancy | Office | Legislator | Party | Reason | Vacancy procedure | Date filled | Successor |
| January 8, 2026 | West Virginia Senate District 3 | Donna Boley | Republican | Resignation | Appointment | TBD | TBD |
| January 6, 2026 | Vermont House Rutland-11 District | Jim Harrison | Republican | Resignation | Appointment | January 6, 2026 | Valorie Taylor (R) |
| January 5, 2026 | Idaho House District 32B | Wendy Horman | Republican | Appointed to another office | Appointment | TBD | TBD |
| January 5, 2026 | Maryland House District 24 | Jazz Lewis | Democratic | Resignation | Appointment | TBD | TBD |
| January 5, 2026 | Colorado House District 29 | Shannon Bird | Democratic | Resignation | Appointment | TBD | TBD |
| January 5, 2026 | Georgia House District 130 | Lynn Heffner | Democratic | Resignation | Special election | TBD | TBD |
| January 1, 2026 | Georgia House District 94 | Karen Bennett | Democratic | Resignation | Special election | TBD | TBD |
| January 1, 2026 | New York Assembly District 36 | Zohran Mamdani | Democratic | Elected to another position | Special election | TBD | TBD |
| January 1, 2026 | New York Senate District 61 | Sean Ryan | Democratic | Elected to another position | Special election | TBD | TBD |
Methodology
Ballotpedia counts a seat as vacant if the outgoing officeholder leaves office before their official term-end date or the incoming officeholder takes office after their official term-start date. If an officeholder takes or leaves office according to their official term-start or -end date, Ballotpedia does not count that as a vacant seat.
How are vacancies filled in state legislatures?
The map below displays the different ways that vacancies are filled in state legislatures according to state law.
State legislative vacancies can be filled through special elections, governor appointments, board of county commissioners appointments, political party appointments, legislative chamber appointments, or a type of hybrid system. All 50 states use one or more of these systems to fill legislative vacancies.
Click on a state below to see the process for filling legislative vacancies in that state. The map also displays who holds the real power in filling legislative vacancies. For example, in the state of Utah, the state's constitution says that the governor is responsible for filling a legislative vacancy. However, the political party actually holds the real power in filling vacancies in the Utah State Legislature since the party recommends a successor to the governor and the governor then appoints the new member.
See also
- State legislatures
- How vacancies are filled in state legislatures
- State legislative elections, 2026
- State legislative special elections, 2026
- State legislative historical elections by year
- State supreme court vacancies, 2026
Footnotes