COLUMBIA, S.C. — The death of U.S. Sen. Lindsey Graham creates two separate questions for South Carolina: Who will represent the state in Washington for the remainder of his current term, and who will replace him as the Republican nominee in November?
Those questions are governed by different sections of South Carolina law.
Graham died Saturday at the age of 71. Back in June, he won the Republican primary for the U.S. Senate seat he held since 2003. Graham was seeking a fifth term in the November general election.
Governor can appoint a temporary senator
South Carolina law gives the governor the authority to appoint someone to temporarily fill a vacancy in the U.S. Senate caused by death, resignation or another reason.
Under Section 7-19-20, that appointment would last from the time it is made until Jan. 3 following the next general election. Because Graham’s death occurred more than 100 days before the Nov. 3 general election, the person appointed by the governor would serve through Jan. 3, 2027.
That appointment would fill only the remainder of Graham’s existing term. It would not automatically make the appointee the Republican nominee in November or give that person the next six-year Senate term.
The governor has not yet announced an appointment. When asked about when the governor's office might make such a decision, a spokesperson said, "At this time, our focus is on honoring Sen. Graham's life and service. Questions regarding the process for filling the vacancy will be addressed by the Governor’s Office when there are updates to share."
A special Republican primary will select a new nominee
Because Graham had already won the Republican primary, state law requires the party’s replacement nominee to be selected through another primary rather than being chosen directly by party leaders.
Section 7-11-55 says the filing period must open on the second Tuesday after the nominee’s death and remain open for one week.
Based on Graham’s July 11 death, the statutory schedule would be:
Tuesday, July 21: Candidate filing opens.
Tuesday, July 28: The one-week filing period ends.
Tuesday, Aug. 11: Special Republican primary.
Tuesday, Aug. 25: Runoff, if no candidate wins the required majority.
Those dates are based on the timetable established in state law and remain subject to formal confirmation and additional details from the South Carolina Election Commission. These dates could change.
The winner would become the Republican candidate for the Senate seat in the Nov. 3 general election.
Would the Senate race still appear on the November ballot?
Under the statute, the replacement nomination must be certified at least two weeks before the general election for the office to be filled on the regularly scheduled ballot.
COLUMBIA, S.C. — The death of U.S. Sen. Lindsey Graham creates two separate questions for South Carolina: Who will represent the state in Washington for the remainder of his current term, and who will replace him as the Republican nominee in November?
Those questions are governed by different sections of South Carolina law.
Graham died Saturday at the age of 71. Back in June, he won the Republican primary for the U.S. Senate seat he held since 2003. Graham was seeking a fifth term in the November general election.
Governor can appoint a temporary senator
South Carolina law gives the governor the authority to appoint someone to temporarily fill a vacancy in the U.S. Senate caused by death, resignation or another reason.
Under Section 7-19-20, that appointment would last from the time it is made until Jan. 3 following the next general election. Because Graham’s death occurred more than 100 days before the Nov. 3 general election, the person appointed by the governor would serve through Jan. 3, 2027.
That appointment would fill only the remainder of Graham’s existing term. It would not automatically make the appointee the Republican nominee in November or give that person the next six-year Senate term.
The governor has not yet announced an appointment. When asked about when the governor's office might make such a decision, a spokesperson said, "At this time, our focus is on honoring Sen. Graham's life and service. Questions regarding the process for filling the vacancy will be addressed by the Governor’s Office when there are updates to share."
A special Republican primary will select a new nominee
Because Graham had already won the Republican primary, state law requires the party’s replacement nominee to be selected through another primary rather than being chosen directly by party leaders.
Section 7-11-55 says the filing period must open on the second Tuesday after the nominee’s death and remain open for one week.
Based on Graham’s July 11 death, the statutory schedule would be:
Tuesday, July 21: Candidate filing opens. Tuesday, July 28: The one-week filing period ends. Tuesday, Aug. 11: Special Republican primary. Tuesday, Aug. 25: Runoff, if no candidate wins the required majority.
Those dates are based on the timetable established in state law and remain subject to formal confirmation and additional details from the South Carolina Election Commission. These dates could change.
The winner would become the Republican candidate for the Senate seat in the Nov. 3 general election.
Would the Senate race still appear on the November ballot?
Under the statute, the replacement nomination must be certified at least two weeks before the general election for the office to be filled on the regularly scheduled ballot.