Article 1, Section 2, Clause 4


[Volume 2, Page 145]

Document 1

Records of the Federal Convention

[2:140, 154, 164; Committee of Detail, IV, VI, IX]

17. Vacancies by death disability or resignation shall be supplied by a writ from the governor of the state, wherein they shall happen.

. . . . .

The House of Representatives shall be the grand Inquest of this Nation; and all Impeachments shall be made by them. Vacancies in the House of Representatives shall be supplied by Writs of Election from the Executive Authority of the State in the Representation from which they shall happen.

. . . . .

Vacancies in the House of Representatives shall be supplied by Writs of Election from the Executive Authority of the State, in the representation from which they shall happen.

[2:179; Madison, 6 Aug.]

Sect. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the State, in the representation from which it shall happen.

[2:227; Journal, 9 Aug.]

It was moved and seconded to alter the 3rd. clause in the 1st section of the 5. article so as to read as follows, namely

"vacancies happening by refusals to accept resignations or otherwise may be supplied by the Legislature of the State in the representation of which such vacancies shall happen or by the executive thereof until the next meeting of the Legislature"

Which passed in the affirmative

[2:566, 591; Committee of Style]

Sect. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the State, in the representation from which they shall happen.

. . . . .

When vacancies happen in the representation from any state, the Executive authority thereof shall issue writs of election to fill such vacancies.


The Founders' Constitution
Volume 2, Article 1, Section 2, Clause 4, Document 1
http://press-pubs.uchicago.edu/founders/documents/a1_2_4s1.html
The University of Chicago Press

Farrand, Max, ed. The Records of the Federal Convention of 1787. Rev. ed. 4 vols. New Haven and London: Yale University Press, 1937.