A special election (sometimes called a by-election in Westminster systems) is an off-cycle vote convened to fill a legislative or executive seat that has become vacant before the end of its term, or to put a discrete question to voters between general elections. The triggering event is usually the death, resignation, expulsion, recall, or elevation of an incumbent, though some jurisdictions also use special elections for ballot measures, bond authorizations, or constitutional referenda.
Procedures vary considerably by jurisdiction:
- In the United States, Article I, Section 2 of the Constitution requires the governor of a state to issue a writ of election to fill House vacancies; the Seventeenth Amendment (1913) permits gubernatorial appointment to Senate vacancies pending a special election, where state law so provides. Timing, primary structure, and whether a runoff is required are set by state law, producing wide variation.
- In the United Kingdom, a by-election for a Commons seat is initiated by a Speaker's warrant, conventionally moved by the party that previously held the seat, after a writ is issued by the Clerk of the Crown in Chancery.
- In parliamentary systems with party-list proportional representation (e.g., the Netherlands, Israel), vacancies are typically filled by the next candidate on the party list rather than by a special election.
- In France, legislative vacancies are filled by a substitute (suppléant) elected on the same ticket; a partial election (élection partielle) is held only if the substitute is also unavailable.
Special elections often draw lower turnout than general elections and are closely watched as bellwethers of public mood, party organization, and incumbent-administration popularity. They can shift narrow legislative majorities mid-term and, in chambers like the U.S. Senate, alter the balance of committee control.
Example
The December 2017 U.S. Senate special election in Alabama, triggered by Jeff Sessions's appointment as Attorney General, was won by Democrat Doug Jones over Republican Roy Moore.
Frequently asked questions
They refer to the same concept; 'special election' is the standard term in the United States, while 'by-election' is used in the UK, Canada, Australia, and other Westminster-tradition systems.
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