What Happens When a Member of Congress Passes Away?

When members of Congress pass away, the chamber in which they served in honors them through various traditional practices. According to the Congressional Institute, these include lowering the Capitol flag to half-staff on the day of death, the next day and often until the funeral—a gesture mandated by law, not just custom. Additionally, Congress typically commemorates the death during official proceedings. 

Both the House of Representatives and the Senate pass resolutions expressing sorrow. Funeral services may be held in Congress, with some members lying in state in the Capitol Rotunda, although this is a rare honor.

The process for filling a vacant seat differs between the House of Representatives and the Senate. According to the U.S. Constitution, if a representative’s seat becomes vacant due to death, resignation or other circumstances, the state’s executive authority must call a special election to select a successor for the remainder of the term. 

The Senate follows a different protocol, noted in the Constitution’s 17th Amendment. If a Senate seat becomes vacant, the state legislature may grant the governor the authority to appoint a successor until a special election takes place. The specifics of filling the vacant position differ from state to state, such as the timing of the election or the requirement for the appointee to belong to the same political party as the previous senator. Five states require a special election (Kentucky, North Dakota, Oregon, Rhode Island and Wisconsin); their governors are not empowered to fill a vacancy by appointment.

Procedures for filling vacancies in the House and Senate differ due to the U.S. Constitution’s foundational principles. The special elections required in the House reflect the principle that the people directly elect its members. The original design of the Senate represented state interests, with senators initially chosen by state legislatures. The 17th Amendment allowed the people to elect senators, and state legislatures to give governors the power to make temporary vacancy appointments.

The tradition of a “widow’s succession,” where a wife succeeds her late husband in Congress, has existed for a century. Although the practice has become less common, it played a historically significant role for women's representation in the legislative body during the 20th century. 

Forty-eight women have filled vacancies in Congress left by their late husbands through appointment or election. The first to do so was California Representative Mae Ella Nolan, who served from 1923 to 1925. Margaret Chase Smith—a Maine legislator who began her political career by filling her late husband’s seat in 1940—went on to serve 24 years in the US Senate and was the first woman to serve in both houses of Congress. In 1964, she also became the first woman to seek the presidential nomination of a major political party.