The Senate Loses its Cool: The Undemocratic Ways States Fill Senate Vacancies

Democracy’s exclusive clique: We saw this unfashionable electoral accessory on display recently in Wyoming, where the untimely death of Sen. Craig Thomas (R-Wyo.) resulted in an “American Idol”-like casting call for “nominees” to replace him -- one of which, John Barrasso, was selected by the governor to take office. This at least contained some pretence of citizen involvement, unlike most states wherein the “Star Search” stage is skipped entirely, and the governor simply appoints the replacement of his or her choice with no input from the voters whom that replacement will go on to represent.

Since 1913, 179 senators have been appointed undemocratically. Only three states, Massachusetts, Oregon and Wisconsin, now mandate a special election to fill Senate vacancies. A fourth, Oklahoma, allows for a special election outside of a certain time period before the next congressional election.

Representin’ in da House: In contrast, the House has retained its historical coolness by maintaining its democracy cred (I imagine this is the first and last time the House will be referred to as “cool”). For all the talk about the founders being suspicious of representative democracy, they certainly cared about it for elections to the body projected at the time to be most powerful – the one that would declare war, appropriate money and pursue impeachment.

No Member of the House has ever served whom his or her constituents did not elect. The recent passing of Reps. Jo Ann Davis (R-Va.) and Paul Gilmore (R-Ohio) has served to illustrate that vacancies in the People’s House are always filled by way of a new election, helping to ensure that their replacements will have faced the voters they soon will represent.

Appointed senators, however, are accountable only to the elected official who coronated them, turning them into instant entrenched incumbents – and therefore all the more difficult to remove from office regardless of their job performance.

Because of governors’ appointment power, sitting senators who might otherwise wish to leave office are forced to reconsider their exits’ political implications if their state’s governor hails from the opposing party, whether their reasons are health related, as in Sen. Johnson’s case, or for PR concerns. Would Senate Republicans be so eager to oust Larry Craig (R-Idaho) if the governor of Idaho were a Democrat?

Joining the in-crowd: Appointments bring political gaming and backroom deals into the selection process, a fad best left to the junk drawer of history, along with pet rocks and Garbage Pail Kids. Congress can create incentives for states to fill vacancies through special elections, but if it does not, the states themselves can work to follow the examples of Oregon, Wisconsin, and Massachusetts. Much like the Beatles or James Dean, no matter how much time passes, democracy remains in fashion.

For more on Senate vacancies, check out FairVote program director David Moon’s recent op-ed in The Hill.

Previous editions of Innovative Analysis can also be read online.

Rob Richie is Executive Director of FairVote – the Center for Voting and Democracy.