COLUMBIA, S.C. (WCBD) – Senator Lindsey Graham, representing South Carolina, passed away on Saturday. His office reported that his death was due to an illness that was both sudden and brief.
An official statement released early Sunday conveyed the news: “Senator Lindsey Graham has departed this life due to a swift and unforeseen illness.” The statement also included a request from Graham’s family for privacy and prayers as they navigate through this challenging time.
The passing of Senator Graham on July 11 initiates two distinct legal proceedings: one to appoint his successor in the U.S. Senate and another to determine his replacement as the Republican candidate in South Carolina’s forthcoming Senate race.
In June, Graham secured his party’s nomination, setting the stage for a November showdown against Democratic contender Dr. Annie Andrews in the general election.
Under the 17th Amendment to the U.S. Constitution, states may authorize their governors to make temporary appointments when a U.S. Senate vacancy occurs. South Carolina is among the states that allow the governor to appoint an interim senator until a successor is elected.
That means Gov. Henry McMaster would appoint someone to fill Graham’s seat and represent South Carolina in the Senate on a temporary basis. The appointee would serve until a successor is elected and qualified under the procedures established by state law.
A separate process would determine who becomes the Republican nominee for the November election.
Because Graham secured the GOP nomination through a primary election, South Carolina law requires the vacancy to be filled through a special primary election. Section 7-11-55 of the South Carolina Code of Laws states that when a party nominee selected through a primary dies, becomes disqualified, or resigns for a qualifying reason, a special primary must be held to select a replacement nominee.
Under the law, candidate filing opens on the second Tuesday after the vacancy occurs and remains open for one week. The special primary is then held on the second Tuesday after the filing period closes. If no candidate receives a majority of the vote, a runoff election is held two weeks later.
The law also requires the replacement nominee to be certified at least two weeks before the general election for that candidate to appear on the November ballot. If certification occurs less than two weeks before the election, the office would instead be filled through a special election held after the general election.
The U.S. Senate does not choose Graham’s replacement. According to the Senate’s historical office, the process for filling vacancies is governed by the Constitution and state law, while the Senate’s role is to seat the person selected through those procedures.