If any of the above four got into the WH:
1) Would they remain in the Senate until they were inaugarated (and take part in the formal election of a Majority leader) or would they have to immediately resign?
2) What would the proceedure be for appointing their successors? Does this vary from state to state? Would their succesors take part in electing a majority leader?
In 1993, Al Gore resigned on January 2nd before the start if the congressional session (on the 3rd). He had been elected to the Senate in 1990, and had 4 years remaining on his term. The governor of Tennessee appointed Harlan Mathews who served until December 1994 (almost 2 years), when he was replaced by Fred Thompson who was chosen in a special election in November 1994.
In 1989, Dan Quayle resigned on January 3rd. He had been elected in 1986. His appointed successor was Dan Coats, who was subsequently elected in November 1990 to the final 2 years of the term.
In 1976, Fritz Mondale resigned on December 30. Wendell Anderson was appointed to serve the remaining 2 years of his term. In 1978, Anderson was defeated in his bid for election to a full term, and then resigned, and Rudy Boschwitz was then appointed to fill the last few days of Mondale's term, before beginning the full term he had been elected to.
In 1964, Hubert Humphrey resigned on December 29, with two years remaining in his term. Fritz Mondale was appointed as a replacement, and then was elected to a full term in November 1966.
In 1961, Lyndon Johnson resigned on January 3rd. In November 1960 he had also been elected to another full term as senator. Bill Blakley was appointed as a senator, but was defeated in a special election in May 1961 by John Tower. Note that the difference between this case is due to the difference between Texas and Tennessee, Indiana, and Minnesota as to when (or whether) a special election is held.
In 1953, Richard Nixon resigned on January 1st. His appointed successor, Thomas Kuchel, was then elected in a special election in November 1954 to serve the final 2 years of Nixon's full term.
In 1949, Alben Barkley resigned on January 19th, with 2 years remaining on his term. His appointed successor, Garrett Lee Withers, served until November 1950, when he was replaced by Earle Clements who had been elected both in a special election for the final 2 months of Barkley's term, but also for a full 6 year term (he won the special election 317K-265K and the general election 334K-278K).
1945, Harry S. Truman resigned on January 17th, with 2 years remaining on his term. His appointed successor, Frank Parks Briggs served the remaining two years of Truman's term, but failed to be elected to a full term of his own in November 1946.
In 1933, John Nance Garner resigned on March 3rd the last day of his term as congressman (and Speaker of the House). He had been re-elected to the House in November 1932, but never served in the 73rd Congress. His House vacancy was filled in a special election in April 1993. Garner was the last Vice President to assume office prior to implementation of the 20th Amendment - the Amendment completed ratification on January 23, 1933; but its section 6 provided for implementation to occur in October. Thus, Garner's first term as Vice President was 43 days short of 4 years.
In 1929, Charles Curtis resigned on March 3rd with 4 years remaining on his term. His appointed succesor, Henry Allen, served for two years until he lost the special election in November 1930 to fill the final two years of Curtis's term.
In 1921, Warren Harding resigned on January 13, two months before the end of his term as senator. His appointed replacement, Frank B. Willis had been elected to the full term (1921-1927) in November 1920.
James Sherman was not a candidate for re-election as representative in 1908, and did not resign prior to becoming Vice President on March 4, 1909.
Charles Fairbanks resigned as senator on March 3, 1905, with 4 years remaining on his term. His successor, James Hemenway, was elected by the Indiana legislature on January 17, 1905 in anticipation of Fairbank's resignation. It was remarked on at the time, but apparently there was no protest when Hemenway took the oath of office on March 4th.
Hinds Precedents 1229The current
practice appears to be to resign just before the opening of the new Congress on January 3rd, presumably so that an appointed successor can serve from the start of the the session. Truman and Barkley were the last to resign just before becoming Vice President. This may have been a holdover from when the terms of Congress and President/Vice President were coincident, and there was ordinarily a lame duck session. Or it may also reflect a change in role of the Vice President. Truman considered himself to be part of the legislative branch rather than the executive. Barkley was the minority leader since 1947, and had been majority leader from 1937-1947. In both cases, becoming VP could be considered simply taking a new role in the legislature.
The only legal requirement would appear to be Article I, Section 6 of the US Constitution that prevents a representative or senator from serving in another office. Service in the office of President or Vice President begins with the inauguration, and not with the election.
Special elections vary by state. Since temporary appointments for senator can be made, many states hold their "special election" for senator at the time of the next general election. Some have special rules that if there are only two years remaining in a term, that there is no special election. Some provide for a general election for a subsequent full term to count as a special election.
