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What happens to JD Vance’s Senate seat and other seats in Congress selected to join the Trump administration?

Washington — Newly elected President Donald Trump returns to the White House next year after a decisive victory in the 2024 elections. And he plans to bring a number of lawmakers with him to complete his administration Senator J.D. Vance as Vice President-elect Unpleasant Representative Elise Stefanik as his choice for ambassador to the UN

With these measures, lawmakers will have to vacate their seats after the start of the new Congress in January, setting in motion the process to replace them. The process varies between the two chambers and between states.

This is how the vacancies are filled:

Table of Contents

Filling vacancies in the Senate

The rules for filling a Senate vacancy vary from country to country. In 45 states, governors appoint replacements to serve until the next election, while in only five states — Kentucky, North Dakota, Oregon, Rhode Island and Wisconsin — vacancies are filled through expedited special elections.

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Trump tapped Vance, an Ohio Republican who was first elected to the Senate in 2022, as his running mate in July, prompting him to leave the Senate to serve as vice president after the election. And so is Trump expected to nominate Senator Marco Rubio of Florida as his nominee for secretary of state, a Cabinet position that requires Senate confirmation.

Senator J.D. Vance introduces former President Donald Trump during a rally at the Herb Brooks National Hockey Center on July 27, 2024 in St Cloud, Minnesota.
Senator J.D. Vance introduces former President Donald Trump during a rally at the Herb Brooks National Hockey Center on July 27, 2024 in St Cloud, Minnesota.

Stephen Maturen/Getty Images


In both Florida and Ohio, the governor appoints a replacement to serve until the next statewide election. Ohio Governor Mike DeWine and Florida Governor. Ron DeSantis will appoint someone to fill the respective seats until a special election can be held in 2026. The winner of the 2026 election would serve out the remainder of Vance and Rubio’s terms, meaning that person would have to run for re-election in 2028.

Both DeWine and DeSantis have long histories with Trump, with the Ohio governor being one of a few prominent Republicans to refuse to endorse Trump’s 2024 bid. And DeSantis’ relationship with Trump had also been frosty, after the two men faced off in the Republican Party’s presidential primaries earlier this year. But both Republican governors are expected to work in the best interests of the party, especially after Trump’s decisive victory.

Who the governors will appoint to replace Vance and Rubio remains to be seen. In Ohio, names such as Secretary of State Frank LaRose, Senator Matt Dolan and former Ohio GOP Chairman Jane Timken are circulating, as well as a number of lawmakers who represent Ohio in the House of Representatives.

A number of opportunities have emerged in Florida to appoint DeSantis, including Trump’s daughter-in-law, Lara Trump, co-chair of the Republican National Committee. DeSantis’ chief of staff, James Utheier, and Florida Lieutenant Governor Jeanette Nunez have also been named, as have Florida Attorney General Ashley Moody and former Florida House Speaker Jose Olivia.

Filling vacancies in the House of Representatives

Vacancies in the House are filled through special elections. But the timing of those elections can vary.

Trump Stefanik chosenthe current chair of the Republican Conference, to serve as its ambassador to the United Nations and call a special election to fill her seat representing New York’s 21st Congressional District. The district, which Stefanik won by more than 20 points in her re-election bid last week, is solidly red, making it a safe seat for Republicans in a special election. But it will remain vacant until a special election is held — a time frame set by Democratic Gov. Kathy Hochul that could last up to 90 days — taking away from what is expected to be a slim Republican majority in the House of Representatives.

Representative Michael Waltz, who is Trump chosen to serve as his national security adviser also represents a solidly red district in Florida. His seat will also be filled through a special election, and DeSantis is expected to work to quickly set a timetable to replace him.

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