[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Senate]
[Page S21]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      LOUISIANA CONTESTED ELECTION

  Mr. WARNER. I have discussed with Majority Leader Lott the procedures 
he proposed today with regard to the seating of Senator Landrieu and 
the review of Mr. Jenkins' petition contesting the election of Senator 
Landrieu.
  I agree with and fully support the actions taken by the majority 
leader. I would like to take a moment to explain the actions the Rules 
Committee has taken thus far concerning this contest and those 
procedures which we anticipate following in the future.
  The Senate is the Constitutional judge of the qualifications of each 
Senator. Article I, section 5 of the U.S. Constitution, states that the 
Senate is the ``Judge of the Elections, Returns, and Qualifications of 
its own Members. . . .''
  The Secretary of State of Louisiana has certified that Mary Landrieu 
defeated Louis ``Woody'' Jenkins by 5,788 votes in the 1996 U.S. Senate 
race, and this morning Senator Landrieu was sworn in ``without 
prejudice.'' This action is in accordance with the precedents of the 
Senate, which recognize that the Senate generally defers to the 
certification of the State until the Senate has had the opportunity to 
review such petitions and evidence as may be submitted by the 
contestants or gathered by the committee.
  On December 5, 1996, Mr. Jenkins exercised his right to file a 
petition of election contest with the Vice President of the United 
States. That petition was referred to the Senate Committee on Rules and 
Administration, chaired by myself with the distinguished Senator from 
Kentucky Mr. Ford, serving as the ranking Democrat.
  On December 18, 1996, Mr. Jenkins submitted an amended petition along 
with considerable documents related to the allegations in his petition. 
These allegations go to the heart of the integrity of the election 
process on November 5 in Louisiana, and Mr. Jenkins' steps, thus far, 
merit thorough consideration by the Rules Committee.
  In consultation with Committee members, and consistent with 
precedent, Senator Ford and I engaged two attorneys to serve as outside 
counsel for the Committee, and their letters of engagement are attached 
for the record. Bill Canfield was selected by the Republicans, and Bob 
Bauer was chosen by the Democrats. Their assignment is to review the 
petition and all documents submitted to the Committee relating to the 
petition and to advise the Committee as to whether the petition should 
be dismissed or, if not, what further courses of action the Committee 
should consider.
  As a means to providing equity to both candidates, the committee 
advised then Senator-elect Landrieu of her right to file material for 
consideration, and a copy of the letter from the committee to her 
counsel is attached for the record. Senator Landrieu's attorney has 
indicated that she will respond by January 17, 1997.
  Mr. Jenkins will then be given time to examine any material submitted 
by Senator Landrieu and provide the committee with a surrebuttal. After 
reviewing all of the filings, our outside counsel will promptly provide 
the committee with their respective opinions. I anticipate the two 
counsel will have some areas of their opinions reflecting a concurrence 
of views and recommendations.
  It is my intention to then hold a committee business meeting on 
counsels' reports immediately thereafter and determine the next step in 
this process. I am hopeful that we will be able to hold this meeting 
early in February.
  These procedures will allow and ensure a fair and equitable review of 
the allegations. Senator Landrieu, Mr. Jenkins, and the citizens of 
Louisiana, as well as the entire country, expect and deserve no less.
  The above outline of committee procedures, so far, parallels the 
actions of the Rules Committee in the Huffington-Feinstein contested 
election in 1995.

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