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If a vacancy occurs due to a senator's death, resignation, or expulsion, the Seventeenth Amendment allows state legislatures to empower the governor to appoint a replacement to complete the term or to hold office until a special election can take place.
When a vacancy occurs in a California Senate seat, however, state law authorizes the Governor to appoint an individual to fill the vacancy. This individual will serve until the next scheduled election, where they are permitted to seek re-election for the seat.
United States senators have been elected directly by voters since 1913. Prior to that time, state legislatures chose the state's senators.
The Governor may make an interim appointment to fill a vacancy in the office of U.S. Senator, pending the filling of the vacancy by special election. (Added 1977, No. 269 (Adj. Sess.), § 1.)
(a) If a vacancy occurs in the office of U.S. Senator or U.S. Representative, the Governor shall call a special election to fill the vacancy.