Executive Writs of Elections - Article 1, Section 2, Clause 4

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

Comment: The Framers did not want to see "the people" go unrepresented.  As a result, this clause provides the power to fill a vacant House seat by a special election. The Constitution vests that power with the State Executive - i.e., the State's Governor. The Governor has substantial discretion as to the timing of special elections; but, as a general rule, has affirmative duty to issue writs of election to fill vacancies unless the unexpired term were exceedingly short.


Primary Source. The Heritage Guide to the Constitution.