What’s the succession order for various government offices?
The Aging Federal Government and the Question of Succession
The federal government has shown signs of its age in recent years, not in terms of the institution itself, but rather in the aging politicians who occupy it. The 118th Congress was one of the oldest in history upon election, and the current president holds the record for being the oldest to ever serve in the role.
As we approach the 2024 presidential election, age is becoming a significant factor. The leading contenders from each political party would be either 78 or 82 years old upon inauguration in 2025. Additionally, the recent passing of Senator Dianne Feinstein at the age of 90 has brought the issue of political succession into focus.
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With the recent ouster of Representative Kevin McCarthy from the House speakership and calls for the resignation or expulsion of Representative George Santos and Senator Bob Menendez after their federal indictments, there is a heightened interest in who would be the “next man up.” Let’s take a closer look at the succession process for elected officials who must vacate their offices due to resignation, expulsion, or death.
President
If the president resigns or dies, the next in line would be the vice president. If the vice presidency is also vacant, the speaker of the House of Representatives would assume the role, followed by the Senate President pro tempore, and then the various cabinet positions, until an eligible successor who meets the constitutional requirements to be president is found.
The individual who ascends to the presidency would remain in office until the next regularly scheduled election, without a special election taking place for the remainder of the term.
In the more than 234 years of the presidency, nine vice presidents have ascended to the presidency due to a vacancy — eight as a result of deaths and one due to a resignation.
Vice President
If the vice presidency is vacated due to death, resignation, or accession to the presidency, an individual must be nominated by the president and confirmed by the Senate and House of Representatives, as outlined in the 25th Amendment to the U.S. Constitution.
Two vice presidents, Gerald Ford and Nelson Rockefeller, were confirmed into office through this method in 1973 and 1974, respectively. Ford filled the vacancy left by Spiro Agnew’s resignation, and Rockefeller filled the vacancy left by Ford, ascending to the presidency after Richard Nixon resigned following the Watergate scandal.
Prior to the ratification of the 25th Amendment in 1967, the vice presidency would remain vacant until the next regular presidential election.
House of Representatives
If a seat in the House of Representatives becomes vacant, the seat is held open until a special election can be conducted to replace the former occupant. The timing of the special election depends on the state and the session of Congress in which the vacancy occurs.
If the vacancy occurs during the first session of Congress, most states will choose to hold the special election alongside other elections in the congressional district, although some have strict time requirements for holding a special election following a vacancy. If the vacancy occurs during the second session of Congress, some states may opt to hold the special election on the same day as the regular primary or general election for the seat, but the rules vary greatly by state.
If the House speaker position becomes vacant due to resignation, death, or a motion to vacate the chair, a new speaker must be elected before any further legislative activity can take place. In the interim, while a speaker has not yet been elected, the speaker pro tempore serves as the head of the chamber. The speaker pro tempore is selected based on a secret list for succession to the speakership made by the previous speaker.
Senate
If there is a vacancy in the Senate, the seat is filled either during the next general election or through a special election. Most states (37) wait until a general election to elect an individual to the seat, while the remaining 13 states require a special election to be called. With the exception of North Dakota, Oregon, Rhode Island, and Wisconsin, all other states allow the governor to appoint an interim replacement for the seat.
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Governor
If there is a vacancy in a state governorship, the lieutenant governor assumes the role of the state’s chief executive in 45 states.
In three states, Arizona, Oregon, and Wyoming, the secretary of state assumes the role of governor if the governor’s office is vacant. In two states, Maine and New Hampshire, the state Senate president assumes the governorship.
What is the process for filling a vacancy in the House of Representatives and how does it differ from a regularly scheduled election?
Pecific circumstances of the vacancy. In cases where the vacancy occurs close to a regularly scheduled election, the seat may remain vacant until that election takes place.
In the case of the speaker of the House of Representatives, if the position becomes vacant, a special election is not necessary. The speaker is elected by the members of the House and can be replaced by a majority vote. The vacant position is usually filled relatively quickly through this internal process.
Senate
If a seat in the Senate is vacated, the process for filling the vacancy varies from state to state. Some states require a special election to be held to fill the vacancy, while others allow the governor to appoint a temporary replacement until a special election can be conducted. The length of time between a vacancy and the special election is determined by each state’s laws and procedures.
While the above process may seem straightforward, the issue of succession becomes more complicated when age is taken into account. With potential presidential candidates in their late 70s and early 80s, the possibility of a succession taking place during their tenure becomes more likely. This raises the question of whether voters should consider the age of a candidate and the likelihood of succession when making their choices in elections.
Proponents argue that age should not be a disqualifying factor and that experience and wisdom gained from a long political career can be valuable assets. However, critics argue that older politicians may not be as in touch with the needs and concerns of younger generations and may be less willing to embrace new ideas and approaches.
Ultimately, the question of succession and the aging federal government is a complex one with no easy answers. It is up to voters and elected officials to consider these issues and make informed decisions that reflect the changing demographic landscape and ensure the continued effectiveness and relevance of our government institutions.
As we navigate the 2024 presidential election and beyond, the issue of succession will likely continue to be a topic of discussion. The aging federal government must address this issue and consider implementing policies or measures that ensure a smooth transition of power while also allowing room for new voices and fresh perspectives to be heard.
Whether through constitutional amendments, changes in party structures, or shifts in public opinion, the question of succession in an aging government is one that cannot be ignored. The future of our democracy depends on finding a balance between experience and new ideas, continuity and change, and ensuring that our government remains representative and responsive to all citizens, regardless of age.
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