WASHINGTON — Florida Senator Marco Rubio has been picked by President-elect Donald Trump to serve as his secretary of state.
Now, it's up to the Republican-controlled Senate to confirm Rubio to that appointment.
So, what would happen to Rubio's Senate seat if he is confirmed as secretary of state?
Florida aligns with the vast majority of states in how Senate vacancies are filled. The Sunshine State is one of 45 states that authorize the governor to fill vacancies by appointment until a successor is elected, according to the Congressional Research Service. However, there are still differences among these states' processes, such as when the election to fill the seat is held or whether the appointee must be of the same party as the outgoing Senator.
In Florida, Gov. Ron DeSantis would appoint Rubio's replacement. That appointee would remain in place until the next regularly scheduled general election. Then, the elected senator would either serve the balance of the term or until the end of the term, whichever comes first.
Eleven states require a stand-alone special election to fill the vacated seat rather than waiting for the next election. Nine states have some sort of requirement that the appointee is a member of the same political party as the prior incumbent. Florida is not among any of these states.
The Seventeenth Amendment to the Constitution, ratified in 1913, established the direct election of senators, including how vacancies are filled. Vacancies can occur for several reasons including death, resignation or expulsion. Often, as is the potential case of Rubio, these vacancies happen due to a changing presidential administration.
There have been several Senate vacancies over the last 15 years. Notably, after then-Senator Barack Obama's election to the presidency in 2008, four Senate vacancies were created: Obama's, then-Sen. Joe Biden's, then-Sen. Hillary Clinton's and then-Sen. Kenneth Salazar's. Biden served as Obama's vice president, Clinton served as his secretary of state and Salazar was nominated as secretary of interior.
The most recent senate appointment happened in August. New Jersey Gov. Phil Murphy appointed Democrat George S. Helmy, who then took the oath of office in September. Helmy was replacing convicted Sen. Bob Menendez.