What happens next after Lindsey Graham’s death? South Carolina law lays out the process

State Watch What happens next after Lindsey Graham’s death? South Carolina law lays out the process Comments: by Tim Renaud - 07/12/26 9:27 AM ET Comments: Link copied by Tim Renaud - 07/12/26 9:27 AM ET Comments: Link copied

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COLUMBIA, S.C. (WCBD) – Senator Lindsey Graham (R-SC) died Saturday following what his office said was a brief and sudden illness.

“Senator Lindsey Graham passed away from a brief and sudden illness,” an early Sunday morning statement said. “Senator Graham’s family appreciates prayers at this time and asks for privacy during this incredibly difficult period.”

Graham’s death on July 11 triggers two separate legal processes: one to fill his current seat in the U.S. Senate and another to replace him as the Republican nominee in South Carolina’s upcoming Senate election.

Graham won his party’s nomination in June and was expected to face Democrat Dr. Annie Andrews in the November 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.

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