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Committee approves legislature-led process for filling U.S. Senate and select state vacancies
Summary
The Senate Federal and State Affairs Committee approved Senate Bill 105 as amended, creating a joint legislative nominating committee to recommend three names to the governor to fill vacancies in the U.S. Senate, state treasurer and insurance commissioner, with deadlines and procedural limits spelled out in statute.
The Senate Federal and State Affairs Committee on Monday approved Senate Bill 105 as amended, establishing a joint legislative nominating committee to recommend three candidates to the governor to fill vacancies in the U.S. Senate, the office of state treasurer and the commissioner of insurance.
Under the bill as amended, the joint committee must be appointed within 10 calendar days after a vacancy occurs and would conduct hearings and recommend three names. If the legislature is in session the committee must introduce a concurrent resolution and the legislature must act within 10 days; if it is not in session the committee would report directly to the governor. The governor must appoint one of the three nominees; the committee’s recommendation would be binding for certification by the secretary of state. The bill was amended to change the former two-calendar-day gubernatorial appointment deadline to three calendar days and to add a provision directing the secretary of state not to certify any appointment that does not comply with the statute.
The measure also includes procedural guardrails adopted in amendment: no member of the joint nominating committee may be recommended as a candidate by the committee, the committee’s membership must include representation by congressional district (the amendment directs leadership appointments so that each district is represented), and the bill contains a severability clause. For U.S. Senate vacancies, the bill directs that a temporary appointment serve until the next general election for U.S. House members; an amendment clarifies that if the vacancy occurs on or after May 1 of an even-numbered year the permanent election to fill the senate seat would be held at the subsequent even-year general election (effectively delaying the permanent election by two years in that scenario).
Committee members asked about timing and logistics during debate. Committee staff explained the statutory deadlines: the joint committee must be formed within 10 days, the legislature (if in session) must consider the concurrent resolution within 10 days, and the governor must make an appointment within three calendar days after receiving names. Committee members also discussed the committee’s size and composition; staff stated the committee will be 12 members with equal representation from each chamber and some minority representation, and leadership would determine which members represent which congressional districts.
The committee approved a sequence of amendments by voice vote and then voted to report Senate Bill 105 favorably as amended to the Senate floor. The final passage in committee was by voice vote; no roll-call tally was recorded in the transcript.
The bill’s supporters said the process is designed to speed appointments while preserving legislative input; committee members who asked questions expressed concern about timeliness, geographic representation and the potential need for special sessions to participate in the process.
