What happens when a senator decided to?
November 82009
run for presidental candidate? Does he remain a senator and still be able to do his duties so does he have to drop from the senate? Is another senator hired through congress or do the citizens of that state have to vote again for a new senate?
I heard that Hillary Clinton might run for the Democratic presidental candidate and was wondering how she could do that and be a senator. Thanks for your answers!
Also – when John Kerry didn’t win the presidentail seat, did he go back to being a senator? or what did he do then?
Senators serve six-year terms. John Kerry’s last re-election to the Senate was in 2002, so he was still in mid-term when he ran for President 2 years ago. Yes, he’s still in the Senate. Most Senators who ran for President, while in the middle of their term, and lost remained in the Senate.
But Kerry’s running mate, John Edwards of North Carolina, was a Senator who had been elected in 1998, so his 6-year term was ending when he ran for the ticket in 2004. Per the law of North Carolina, he could not run for re-election to the Senate while also simultaneously running on the national ticket. So Edwards is no longer in the Senate.
The law is not the same in all states. A couple of states in which a candidate can both run on the Presidential ticket and run for U.S. Senate in the very same election are Connecticut and Texas. Six years ago, Joe Lieberman ran for re-election to the Senate at the same time he was Al Gore’s running-mate. Obviously, Lieberman won re-election to the Senate, but did not win the national election. In the past, two Senators who represented Texas ran both for re-election to the Senate and also were running-mates on the national ticket at the same time: Lyndon B. Johnson in 1960 and Lloyd Bentsen in 1988.
By mentioning Johnson, I can now segue into another one of your questions. When Johnson was re-elected to the Senate and elected Vice President at the same time in 1960, he obviously had to resign from the Senate before he was sworn in as Veep. That meant his seat was then vacant.
Anytime vacancies occur in a seat for the U.S. Senate, how the vacancy gets filled depends on the law of the state. There is no national law directing the subject. In most states, the Governor has the power to appoint a new Senator to fill the vacancy. And if the vacancy occurred with only 2 years left in the term or less, then that appointee will serve the remainder of that term. Oftentimes, the vacancy occurs with more than 2 years left, in which case the state will schedule a special election so that the voters can determine who will serve the remainder of the term.
However, in some states the Governor does not have the power to appoint anyone to fill a vacancy. In those states the seat will simply remain vacant until a special election is held. Oklahoma and Oregon are two examples of that. In 1995, Republican Senator Bob Packwood resigned in mid-term with 3 1/2 years left of his term. His seat remained vacant for a few months while the legislature authorized a special election to be held. When Ron Wyden won that special election, he then held the seat for the remaining 3 years of the term originally begun by Packwood.