The Washington Post editorial team wisely comes out against filling Senate vacancies through appointments, and endorses special elections as an appropriate means of dealing with a vacancy.
Special elections are probably the most politically viable solution, but I’m not entirely convinced that they’re the best solution, or even the one with the least attendant problems. For starters, it’s not clear as to how state governments would account for the cost of a special election, especially considering that running a statewide election is considerably more expensive than an election in a single district. On a political level, there are no guarantees that a special election would be free from the influence of special interests. In fact, my guess is that special elections are more prone to influence by outside actors, because far fewer people are interested in the outcome of a special election.
If I were designing a method to replace Senate vacancies, I would – as I’ve said earlier – institute something modeled on the 25th Amendment, whereby a Senate vacancy would be automatically filled by a ranking state legislator of the respective party. At the end of the term, said replacement would be required to give up the seat, and she would have to win the respective party’s primary election if she were interested in keeping the seat. This solution (to me at least) seems to capture the advantages of an appointment and a special election. Unlike a special election, it is relatively quick and designed to provide immediate representation for a state which has lost one of its representatives, and more importantly, the fact that the replacement would be an elected lawmaker of the same party gives the process a bit more democratic legitimacy. Not to mention the fact that the replacement would have a non-trivial amount of legislative experience, which considerably eases the transition period.
It seems to me that something along these lines is preferable to a special election or an appointment, but there is the very real chance that I might simply be missing something.



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