[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Senate]
[Page S5]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       LOUISIANA ELECTION CONTEST

  Mr. LOTT. Mr. President, before the Chair presents the certification 
of election for the swearing in to begin, I would like to take a moment 
to speak about the seating of one of our new colleagues who will be 
sworn in within the next few minutes. I am referring to the seating of 
Senator-elect Landrieu. The Senate has received petitions from the 
citizens of the State of Louisiana contesting the election of Senator-
elect Landrieu.
  As most of you know, direct election of U.S. Senators began as a 
result of the 17th amendment to the Constitution in 1913. Since that 
time, the Senate has called into question a number of election results. 
However, only on four occasions have the challenges been successful in 
persuading the Senate to overturn the outcome of an election. The U.S. 
Constitution leaves it entirely up to the Senate to decide what 
evidence it deems relevant for overturning an election.
  At this point, the seating of Senator-elect Landrieu has been called 
into question as a result of investigative material by the Senate Rules 
Committee. The Senate Rules Committee is reviewing the evidence, and I 
am confident they will come to a conclusion as to whether the 
allegations should be dismissed or investigated further in a swift and 
timely manner.
  With all of that in mind, Senator-elect Landrieu will take the oath 
of office with her colleagues but will be seated without prejudice. The 
seating without prejudice has occurred a number of times in U.S. Senate 
history. The term means without prejudice to the right of the Senate to 
determine the outcome of the questioned election.
  I should like to quote from majority leader Taft of Ohio when he 
stated that ``These Senators should be permitted to take the oath and 
to be seated. It is my further view that the oath is taken without 
prejudice to the right of anyone contesting the seat to proceed with 
the contest and without prejudice to the right of anyone protesting or 
asking expulsion from the Senate to proceed.''
  In the case of our colleague, Senator-elect Landrieu, she will 
shortly begin her new role as a U.S. Senator from the State of 
Louisiana and the Rules Committee will continue to investigate the 
allegations. I know the Democratic leader concurs with this procedure 
of seating Senator-elect Landrieu without prejudice, and we are both 
hopeful that the Rules Committee will conclude its investigation and 
make its ruling in a swift and responsible fashion. It is possible that 
later today, after discussions with the Democratic leader, we will be 
able to reach a further colloquy and perhaps a consent agreement with 
respect to any motion the Rules Committee may make at a later date in 
response to those allegations. After consulting with the Democratic 
leader, I hope to propound a consent agreement that would limit debate 
on any motion so that the full Senate would be able to resolve the 
matter very quickly.
  I now yield to the Democratic leader for any comments he may wish to 
make on the subject.
  The VICE PRESIDENT. The Democratic leader is recognized.

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