 On April 4 , 1991 H. John Heinz III , one of the US Senators from Pennsylvania , was killed when his chartered plane collided with a helicopter inspecting its landing gear . Under the Seventeenth Amendment to the United States Constitution , the legislature of each state has the power to permit the governor to fill the vacant seat until a special election can be held . In Pennsylvania , this power had been delegated , and Governor Robert P. Casey signed a writ on May 13 , 1991 , declaring November 5 the date for a special election and temporarily appointing Harris Wofford to fill Heinz 's now @-@ vacant seat . Under Pennsylvanian law , there was no need for a primary in such a situation ; instead , both the Democrats and Republicans would each internally select their candidate , who would run in the special election . John S. Trinsey Jr . , a member of the Pennsylvanian electorate and potential candidate , challenged the constitutionality of this law , claiming that it violated his rights under the Fourteenth and Seventeenth Amendments . 
 On April 4 , 1991 H. John Heinz III , one of the US Senators from Pennsylvania , was killed when his chartered plane collided with a helicopter inspecting its landing gear . Under the Seventeenth Amendment to the United States Constitution , the legislature of each state <a href='got' title='1'><mark>has</mark></a> the power to permit the governor to fill the vacant seat until a special election can be held . In Pennsylvania , this power <a href='been_done' title='2'><mark>had</mark></a> been delegated , and Governor Robert P. Casey signed a writ on May 13 , 1991 , declaring November 5 the date for a special election and temporarily appointing Harris Wofford to fill Heinz <a href='null_genetive' title='3'><mark>'s</mark></a>now @-@ vacant seat . Under Pennsylvanian law , <a href='dey_it' title='4'><mark>there</mark></a> was no need for a primary in such a situation ; instead , both the Democrats and Republicans would each internally select their candidate , <a href='null_relcl' title='5'><mark>who</mark></a>would run in the special election . John S. Trinsey Jr . , a member of the Pennsylvanian electorate and potential candidate , challenged the constitutionality of this law , claiming that it violated his rights under the Fourteenth and Seventeenth Amendments . 
On April 4 , 1991 H. John Heinz III , one of the US Senators from Pennsylvania , was killed when his chartered plane collided wid a helicopter inspecting its landing gear . Under the Seventeenth Amendment to the United States Constitution , da legislature of each state got the power to permit tdagovernor to fill the vacant seat until a special election can b held . In Pennsylvania , this power done been delegated , and Governor Robert P. Casey signed a writ on May 13 , 1991 , declaring November 5 the date for a special election and temporarily appointing Harris Wofford to fill Heinz  now @-@ vacant seat . Under Pennsylvanian law , it was no need for a primary in such a shyt ; instead , both the Democrats and Republicans would each internally select their candidate , would run in the special election . John S. Trinsey Jr . , a member of the Pennsylvanian electorate and potential candidate , challenged thdaonstitutionality of dis law , claiming dat it violated his rights under the Fourteenth and Seventeenth Amendments .