Vacancy Law and Legal Definition

Vacancy means a place which is empty. In legal terminology, it usually refers to an office which is not filled. Under the Constitution of the United States, the President has the power to fill up vacancies that may happen during the recess of the Senate. There is controversy over whether the President can create an office and fill it during the recess of the Senate.

Under state statutes dealing with vacancies of elected offices, there may be a provision for the governor to appoint someone to fill such vacancy. An example of a state vacancy law provides that " The vacancies in said office shall be filled by the Governor for the unexpired term and until the election and qualification of a successor."