Kirk's departure from the House will create a temporary vacancy

Illinois' 10th Congressional District seat will be vacant for a few weeks after Mark Kirk resigns to begin his service as a U.S. Senator.

Kirk is set to join the Senate earlier than other newly elected lawmakers because he won a special race to finish Sen. Rolan Burris' term, in addition to a full 6-year term. But his eventually replacement in the suburban 10th District, Republican Robert Dold, won't take office until Jan. 4.

No date has been set for Kirk to join the senate, his office said Thursday.

The Constitution has no provision for filling House vacancies by appointment, unlike the U.S. Senate, Dold spokesman John McGovern said. As such, brief vacancies remain open seats until the next elected congressman takes office.

If a vacancy will last for six months or more, a special election can be held, McGovern said.

The vacancy will occur while the House is not in session. Congressional employees will work in the Washington, D.C. office to field calls from constituents, McGovern said.

Dold's staff will take over after he is sworn in.

A similar situation arose in the 10th District after Democratic U.S. Rep. Abner J. Mikva resigned in 1979 to join the federal bench. A special election was held and Republican John Porter replaced Mikva in 1980.