What if a congressman died? Who will take the position? Will there be a snap election?

Question

Just being curious..please answer

Answer 1

The Constitution (Article I, Section 2, Clause 4) requires that all vacancies in the House of Representatives be filled by election.

"When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."

U.S. Code Title 2, Chapter 1 Section 8 declares that a special election must be held within 49 days of the announcement of the vacancy by the Speaker of the House, unless the general election is within 75 days of the announcement of the vacancy. This if vacancies in Representation exceed 100, but is otherwise the decision of the states as to when, and if, they hold a special election.

Law here for extraordinary circumstance (100 unrepresented):
http://www.law.cornell.edu/uscode/uscode02/usc_sec_02_00000008----000-.html

The Constitution provides for temporary appointment (by Governor appointments) in the Senate however (yet not the House) until a special election can be scheduled.

17th Amendment of the Constitution:
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.

Answer 2

The governor of a state usually appoints a temporary congressman until the next election.

Answer 3

If she wants to most of the time it is the wife or husband of the congressman who died if they are asked.

Answer 4

for the federal level the governer of the state would appoint a new person.the constitution only gives power to have national election on the second tuesday following the first monday of november. for states it would count on there constituation.

Answer 5

As far as I know, that jurisdiction would hold a special election.