The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

NEW YORK – The departure of four sitting Democratic senators this year has cast a new — and at times, unflattering — light on the nation's governors and their outsize power to fill Senate vacancies.

While governors must call a special election to replace members of the House who resign or die before their term is up, 38 states allow governors the sole power to appoint an interim senator, according to the National Council of State Legislatures.

Just nine states require a special election to fill a Senate vacancy. In three other states — Hawaii, Utah and Wyoming — governors must select a candidate from a list of prospective appointees submitted by representatives of the departing incumbent's political party.

Choosing a new senator has led to considerable drama for the four governors tasked with doing so this year. All have weathered some level of opprobrium for their choices or for how they handled the selection, with one — Rod Blagojevich of Illinois — facing criminal charges for trying to barter President Barack Obama's former seat for cash and favors.

"Politically, the choices made by the governors so far have been pretty odd," said Seth Masket, an assistant professor of political science at the University of Denver.

Most recently, New York Gov. David Paterson engaged in a messy, drawn-out effort to name a replacement for Hillary Rodham Clinton, Obama's secretary of state. The process was largely dominated by a high-profile lobbying campaign by Caroline Kennedy, the 51-year-old daughter of President John F. Kennedy hoping to win the nod.

Paterson spent weeks vacillating publicly about Kennedy, at turns praising her intelligence while criticizing her lack of experience. The governor hinted openly that he would choose Kennedy, then contradicted himself later by saying he was still considering other candidates.

For her part, Kennedy appeared tentative and unprepared, and she abruptly withdrew her name from consideration for the seat Thursday. Her departure launched a war of recriminations between her allies and Paterson's — a spectacle that suggested Paterson had somehow lost control over the selection process.
...
In Illinois, Blagojevich prevailed in a high-stakes game of chicken with Democratic leaders by naming former Illinois Attorney General Roland Burris to Obama's seat.

Senate Democrats had insisted that any candidate Blagojevich named would not be considered a legitimate replacement. They eventually relented and allowed Burris to be seated, but he remains tainted by his connection to Blagojevich and may not be the strongest candidate to withstand a Republican challenge in 2010.

While less visible than the Illinois and New York Senate replacements, retiring Delaware Gov. Ruth Ann Minner has withstood criticism for her choice to fill Vice President Joe Biden's Senate seat. And Colorado Gov. Bill Ritter's choice of a replacement for Ken Salazar, now Obama's interior secretary, has also mystified some.
(continued)