The order of operations for what would follow is outlined in the Seventeenth Amendment of the U.S. Constitution, which reads: “When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.”
Ohio law demands that such a vacancy “shall be filled forthwith by appointment by the governor who may appoint some suitable person having the necessary qualifications for senator.” In this scenario, if Trump and Vance were to win, the appointee would need to be picked nearly immediately after Vance’s resignation and would be guaranteed the job on a temporary basis until at least December 15, 2025.
Ohio law then demands that voters get the chance to permanently pick a replacement at the next regular state election that occurs at least 180 days after the appointment. In this scenario, presuming a Trump and Vance victory, that election would be in November 2026. The winner of that election would then serve the remainder of the term.
When contacted Monday by this news organization, a spokesperson for DeWine said the governor’s office would likely hold off on commenting on Vance’s possible replacement or the timeline until such action is necessary.
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