Residents are seeking clarity on what will happen to the 42nd House District seat once Rep. Dan Miller resigns in the coming weeks.
According to the office of House Speaker Joanna McClinton, state law outlines a specific process for filling vacancies in the Pennsylvania House of Representatives. McClinton’s press secretary, Nicole Reigelman, cited Rule 1 of the House Rules.
Following a vacancy in the state House, whether by resignation or otherwise, the speaker has 10 days to issue a writ of election to the appropriate county board or boards of elections and to the secretary of the commonwealth to schedule a special election.
The special election must be held at the next primary, municipal or general election if that election occurs at least 60 days after the writ is issued. Alternatively, the special election may be held on an earlier date, provided it is scheduled at least 60 days after the writ is issued.
Once Miller formally resigns, McClinton will have 10 days to set the date for the special election to fill the remainder of his term, which runs through Dec. 31, 2026. The election cannot occur sooner than 60 days after the writ is issued and, in this case, no later than the Pennsylvania primary election on May 19, 2026.
Candidates for the special election will be selected by the Democratic and Republican committees within the 42nd House District.
If the special election is held on the same date as the May primary, all registered voters — regardless of party affiliation, including independent voters — will be eligible to vote in the special election. Independent voters would not be eligible to vote on other primary ballot items unless a nonpartisan referendum appears on the ballot.
If the special election is held prior to the primary, all registered voters in the district would be eligible to vote.
All 203 seats in the Pennsylvania House will be on the ballot in the 2026 general election. As a result, it is possible that the winner of the special election and the winner of the party primary could be different candidates, depending on how many individuals file to run.
The publication will provide updates in its January issue once the speaker announces the date of the special election and will feature profiles of the candidates as the race develops.
