[Congressional Record Volume 140, Number 147 (Tuesday, November 29, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: November 29, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
AUTHORIZING AND DIRECTING THE SPEAKER TO ADMINISTER THE OATH OF OFFICE 
                    TO MR. STEVE LARGENT OF OKLAHOMA

  Mr. MICHEL. Mr. Speaker, I offer a privileged resolution (H. Res. 
585), and I ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 585

       Resolved, That the Speaker is hereby authorized and 
     directed to administer the oath of office to the gentleman 
     from Oklahoma, Mr. Steve Largent.
       Resolved, that the question of the final right of Mr. Steve 
     Largent to a seat in the One Hundred Third Congress be 
     referred to the Committee on House Administration.

  The SPEAKER. The gentleman from Illinois [Mr. Michel] is recognized 
for 1 hour.
  Mr. MICHEL. Mr. Speaker, I shall not take the hour, but I offer this 
resolution to clarify the situation surrounding the seating of 
Congressman-elect Steve Largent to the 103d Congress.
  As my colleagues know, the gentleman from Oklahoma [Mr. Inhofe] won 
the special election to fill the vacant Senate seat from Oklahoma and 
has resigned from the House, thereby creating a vacancy.
  Mr. Largent was elected on November 8 to represent the First District 
of Oklahoma. The credentials, forwarded from the State, include a 
letter from Governor Walters indicating that the provisions of Oklahoma 
law require that the November 8 election, ``be treated as election 
within the meaning of Oklahoma law to fill the vacancy of the unexpired 
term of James M. Inhofe.'' The Governor also forwarded an order of 
appointment for Mr. Largent to the 103d Congress as, ``the ministerial 
act incident to that election,'' because the Governor, under Oklahoma 
law, has no discretion to act otherwise.
  Let me cite from the relevant Oklahoma statute, 26 Oklahoma Statute, 
section 12-101, paragraph B:

       No special election shall be called if the vacancy occurs 
     after March 1 of any even-numbered year if the term of said 
     office expires the following year. In such case, the 
     candidate elected to said office at the regular General 
     Election shall be appointed by the Governor to fill the 
     unexpired term.

  Now, Mr. Speaker, under article I, section 2, of the Constitution, 
when vacancies occur in the House the executive authority of the State 
shall issue writs of election to fill such vacancies. Members of the 
House must be elected, and not appointed, and if the Oklahoma law is 
construed as an appointment, it likely is unconstitutional. The House 
has, however, historically given great weight to a State's construction 
of its laws. This is the first time, as far as I am aware, that the 
statute has been applicable and, therefore, never came to our attention 
before.
  I know of no objection to the seating of Mr. Largent. The Speaker and 
I have discussed this matter and believe the issue raises enough of a 
constitutional issue that it ought to be brought to the House's 
attention, but that we also should seat Mr. Largent. My resolution 
allows for the seating of Mr. Largent, but also directs the Committee 
of House Administration to review the issue for final determination, 
and I would urge the adoption of the resolution, Mr. Speaker.
  Mr. THOMAS of California. Mr. Speaker, will the gentleman yield?
  Mr. MICHEL. I yield to the gentleman from California.
  Mr. THOMAS of California. Mr. Speaker, I thank my leader for 
yielding, I think the point needs to be understood that Mr. Largent is 
being asked to be sworn in as a Member of the House of Representatives 
because the people in the First District of Oklahoma elected him, 
notwithstanding a Oklahoma law that says the Governor can appoint. The 
reason it is being referred to the Committee on House Administration is 
because in fact the Governor has forwarded the document which says that 
it was a ministerial duty to appoint him. This raises constitutional 
questions. Nevertheless the Oklahoma statute says the Governor can 
appoint.
  Mr. Speaker, I am very pleased and proud to say the people of the 
First District of Oklahoma have sent us a new Congressman being sworn 
in today.
  Mr. MICHEL. Mr. Speaker, I thank the distinguished gentleman from 
California [Mr. Thomas] for his contribution, and again I urge adoption 
of the resolution.
  Mr. Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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