In the case of a vacancy in the office, the lieutenant governor becomes governor. He stated that the Senate would fill such a vacancy. He even fails at getting a job of drawing "No Vacancy" boards. In his second term, Reagan had three opportunities to fill a Supreme Court vacancy. Johnson was a candidate to fill the vacancy created by the death of Morris Sheppard. In the event of a premature vacancy a successor must be elected within sixty days. The Governor appoints Justices in the case of a vacancy. In the event of a vacancy the Deputy President serves as Acting President. Hayes unsuccessfully attempted to fill a third vacancy in 1881. In the event of a vacancy the Vice President serves as Acting President. Labor's Dana Wortley was elected to the final vacancy. Hutchison was one of fifteen people interviewed by the judicial commission for the vacancy. Congressmen generally nominate ten people per vacancy. However, Rehnquist died on September 3, creating an immediate vacancy on the Court. Derby had intended to replace Chelmsford once a vacancy in a suitable sinecure developed.