STORY UPDATE, OCT. 2, 2023: California Gov. Gavin Newsom has named Democratic strategist and Kamala Harris 2020 presidential campaign adviser Laphonza Butler to fill the U.S. Senate seat made vacant by Sen. Dianne Feinstein's death. The original story published on Sept. 29 appears below.
U.S. Sen. Dianne Feinstein (D-Calif.) died on Sept. 29 at the age of 90. Feinstein was elected to the Senate in 1992 and was the oldest sitting senator.
With her death, there is now a vacant seat in the Senate. During an interview with NBC News’ “Meet the Press” that aired on Sept. 10, Calif. Gov. Gavin Newsom was asked if he would make an “interim appointment” to her seat if necessary.
State laws are different regarding Senate appointments, and VERIFY dug into whether or not Newsom has the authority to appoint a senator ahead of the 2024 general election.
THE QUESTION
Can Calif. Gov. Gavin Newsom fill Feinstein’s seat with an interim appointment?
THE SOURCES
THE ANSWER
Yes, Calif. Gov. Gavin Newsom can fill Feinstein’s seat with an interim appointment.
WHAT WE FOUND
California election code says when a Senate seat is vacated for any reason, the governor can appoint someone to temporarily fill the vacancy until a person is elected in a statewide general election. The next general election to fill a Senate seat in California is on Nov. 5, 2024, with the primary election on March 5, 2024.
According to the National Conference of State Legislatures (NCSL) and Pew Research Center, Newsom has no restrictions on who he can appoint to fill the vacant Senate seat. That means he can appoint anyone, regardless of party affiliation. During the Sept. 10 “Meet the Press” interview, Newsom said he wouldn’t appoint anyone to the seat that has filed to run in the March primary Senate election in California.
“It would be completely unfair to the Democrats that have worked their tail off; that primary is just a matter of months away. I don’t want to tip the balance of that,” Newsom said at around 29 minutes into the interview.
This would not be the first time Newsom has appointed someone to the Senate. In 2021, he appointed California Secretary of State Alex Padilla to fill the seat once held by Kamala Harris. Harris resigned the position when she accepted the appointment to become President Joe Biden’s vice president. Padilla was formally elected as senator in the November 2022 election.
Prior to that, the last time a senator was appointed in California was in January 1991. John Seymore was appointed by Gov. Pete Wilson to serve in the seat Wilson vacated to become governor, but lost the November 1992 special election to Feinstein.
Across the U.S., state laws vary on how Senate vacancies are filled. California is one of 35 states where the governor can do so with no restrictions.
In 11 states, the governor can appoint a temporary successor, but there are restrictions on how the appointment can be made. For example, in seven states – Hawaii, Kentucky, Maryland, Montana, North Carolina, West Virginia and Wyoming – the governor has to choose from a list of nominees submitted by the previous senator’s party, Pew says.
Only four states – Oregon, North Dakota, Wisconsin and Rhode Island – do not allow a governor to appoint a senator. Those seats are temporarily filled in a special election.
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