[Deschler's Precedents, Volume 1, Chapters 1 - 6]
[Chapter 2.  Enrolling Members; Administering the Oath]
[Â§ 3. Presentation of Credentials]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 95-102]
 
                               CHAPTER 2
 
               Enrolling Members; Administering the Oath
 
Sec. 3. Presentation of Credentials

    The device through which the House satisfies itself that it is 
composed at its first meeting of duly-elected Representatives is the 
presentation of credentials.(9) Although the credentials 
themselves may give rise to substantive questions as to form, validity, 
and grounds for challenge,(10) the presentation and use of 
the credentials is largely an administrative matter. Although there are 
still differences among the states in the preparation of credentials, 
and in their trans

[[Page 96]]

mittal to the House, the process has become more standardized than in 
former years. Credentials certified by the Member-elect 
himself,(11) or certified by military or de facto 
governors(12) or prepared without regard to state 
law,(13) have not been received by the House in contemporary 
practice. In addition, the office of the Clerk requires strict 
compliance with state law, pursuant to federal statute, before 
enrolling a Member-elect;(14) disputes have seldom arisen as 
to the Clerk's action in accepting credentials.(15)
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 9. For a discussion of the function of credentials in legislative 
        organization, in general, see 1 Hinds' Precedents Sec. 631.
10. See Ch. 8, infra, for the substantive aspects of credentials as 
        related to elections and election campaigns.
11. See 1 Hinds' Precedents Sec. 427 (Senate credentials).
12. See 1 Hinds' Precedents Sec. Sec. 383, 388.
13. See 1 Hinds' Precedents Sec. 605 (credentials showed on face they 
        were not issued according to law); 1 Hinds' Precedents Sec. 376 
        (credentials signed by mere claimant to governorship); 1 Hinds' 
        Precedents Sec. 374 (credentials from suspended state 
        government).
14. 2 USC Sec. 26 requires credentials which show the Representatives-
        elect ``were regularly elected in accordance with the laws of 
        their states respectively, or the laws of the United States.
15. The most recent debate over the Clerk's action in enrolling a 
        Member-elect occurred on Mar. 9, 1933 (see Sec. 3.4, infra). 
        See the remarks of Mr. Bertrand H. Snell (N.Y.), on that 
        occasion, opposing the administration of the oath to a Member-
        elect without credentials, and objecting, post facto, to the 
        Clerk's action in enrolling the Member-elect. 73 Cong. Rec. 71, 
        72, 73d Cong. 1st Sess. Mr. Snell argued that state law, as 
        interpreted by the state supreme court, required the official 
        certificate before the taking of the oath of office. Mr. Snell 
        stated that the Clerks of the House had ``always been very 
        particular to see that the certificate which the Clerk accepted 
        before he put the name on the roll was in strict compliance 
        with the law of the state itself'' and averred that the Clerk 
        had not exceeded his authority in such a manner for 50 years.
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    The term ``credentials'' actually refers to a very specific 
document, the certificate of election, certified by the state executive 
and attesting to the due election of the respective Member-
elect.(16) Certificates are transmitted, usually by 
certified mail, to the Clerk of the House,(17) and may 
arrive anytime up to the date of the convening of Congress; their 
failure to arrive before that date will result in the individual's name 
not appearing on the Clerk's roll.(18) The Clerk

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has in the past enrolled a Member-elect whose certificate of election 
was not yet prepared, when the Governor notified the House that a 
certificate would be forthcoming.(19)
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16. See Ch. 8, infra, for the elements and form of the certificate, and 
        the issuance thereof by the proper state official.
17. When a paper was received by the House during the call of the roll, 
        addressed to the Speaker, the Clerk presiding declined to open 
        it, although it was supposed to contain a missing credential. 1 
        Hinds' Precedents Sec. 47.
18. Generally, although the House may authorize the taking of seats by 
        Members-elect whose credentials have not yet arrived, the Clerk 
        may not enroll such Members-elect. See Sec. 3.7, infra.
19. See Sec. 3.4, infra. The objection to the Clerk's action by a 
        Member of the House indicated that the Clerk had acted contrary 
        to the prevailing practice. See 73 Cong. Rec. 71, 72, 73d Cong. 
        1st Sess., Mar. 9, 1933.
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    The Clerk is empowered by statute to inquire into the regularity 
under state law of the credentials when they are 
delivered.(1) On occasion, the Clerk has enrolled a Member 
with due credentials on file, although notified of an adverse judicial 
decision in the state of representation.(2)
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 1. The phrasing of 2 USC Sec. 26, requiring credentials showing 
        regular election under state law, contemplates some discretion 
        in reviewing state law. For the Clerk's functions in that 
        respect, see Sec. 4, infra. In early Congresses, a committee 
        examined the credentials of every Member-elect before 
        authorizing the taking of seats. See 1 Hinds' Precedents 
        Sec. Sec. 386-387.
 2. See Sec. 4.3, infra.
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    Only one original certificate is transmitted to the Clerk's office 
(although the Member himself may receive a ``ceremonial'' copy); the 
original is retained in the custody of the Clerk's office during and 
after the period of organization.(3) The set of credentials 
for one Congress is delivered by the Clerk, after a period of four 
years, to the National Archives, where they are kept as a public 
record.(4) (The credentials are filed in the same order in 
which Members are enrolled, alphabetically by state.)
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 3. Since credentials are transmitted directly from the state executive 
        to the Clerk of the House, it is a misnomer to describe 
        Members-elect as ``bearing'' or ``presenting'' their 
        credentials (see, for example, 1 Hinds' Precedents Sec. 30--
        Member-elect as ``bearer''). The Clerk's office will accept, 
        however, credentials which are hand-delivered by the Member-
        elect because of the immediacy of the convening date of 
        Congress.
 4. Since the credentials of the Resident Commissioner from Puerto 
        Rico, unlike the certificates of Members and Delegates, extend 
        for four years (see Sec. 5.4, infra), the entire set of 
        credentials for one Congress is retained by the Clerk's office 
        until the end of the succeeding Congress.
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    Although the Clerk will not as a general rule enroll Members-elect 
who appear without certificates of election, the House itself may 
authorize the administration of oath to Members-elect who appear with 
``substitute'' credentials, where the original certificate is 
delayed.(5)

[[Page 98]]

For example, Members-elect have been sworn on the basis of letters and 
telegrams from the executive department of the state of representation, 
attesting as to the due election of the Member-elect and stating that 
regular credentials would be forthcoming.(6) Such state 
executive declarations may state, as a basis for authorizing the 
administration of the oath, the result of official election returns and 
may request that such communications constitute official notice of 
election.(7) (On many occasions, the House authorizes the 
administration of the oath where credentials have not yet arrived, 
pursuant to a statement by another Member-elect that the election in 
issue is neither contested nor questioned.)(8)
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 5. For early instances of such action, see 1 Hinds' Precedents 
        Sec. Sec. 162-168. On some occasions, the House has enrolled 
        claimants where the state executive refused to issue any 
        credentials. See 1 Hinds' Precedents Sec. Sec. 553-564.
 6. See Sec. Sec. 3.1-3.4, infra.
 7. See, for example, Sec. 3.2, infra.
 8. Swearing in Members-elect who do not have credentials but whose 
        elections are unquestioned is authorized by unanimous consent. 
        See Sec. 3.5, infra.
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    The Clerk may receive during the term of a Congress late 
credentials and credentials of Members-elect to fill unexpired terms; 
those certificates are laid before the House and then filed by the 
Clerk with the other certificates for that Congress.(9) 
Until the certificate is laid before the House, the respective 
Representative-elect is not entered on the regular roll of the 
House.(10)
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 9. See Sec. 3.6, infra.
10. See Sec. 3.7, infra. If Members-elect to fill vacancies appear to 
        take the oath following the intervening death of the Speaker, 
        their credentials are not laid before the House and they are 
        not sworn or enrolled until after a new Speaker's election, in 
        which they are not entitled to participate. See Sec. 5.3, 
        infra.
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    The credentials of Delegates-elect and Resident Commissioners are 
similarly transmitted to the Clerk and filed with the other documents 
for the same Congress. The main distinction is that the credentials of 
those officials do not entitle them to be included on the Clerk's roll; 
the other distinction is that the credentials for the Resident 
Commissioner extend for four years as opposed to two.(11)
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11. See Sec. 3.8, infra.
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Evidence of Certificate; Telegrams

Sec. 3.1 Not having received their certificates of election, the House 
    authorized the administration of the oath to certain Members-elect 
    pursuant to the receipt of a telegram

[[Page 99]]

    from the state Attorney General and Chairman of the state Board of 
    Canvassers.

    On Nov. 15, 1937,(12) the Clerk of the House submitted 
to the House a telegram from the Honorable John J. Bennett, Jr., 
Attorney General of New York and Chairman of the state Board of 
Canvassers, indicating the election of three Representatives to fill 
vacancies. The telegram indicated that certificates of election issued 
by the state Board of Canvassers would be forwarded shortly. The House 
authorized Speaker William B. Bankhead, of Alabama, to administer the 
oath to the three Representatives-elect.
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12. 82 Cong. Rec. 9, 75th Cong. 2d Sess.
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Sec. 3.2 The oath was administered, by unanimous consent, to a 
    Delegate-elect whose certificate of election had not arrived, 
    pursuant to a communication from the territorial governor attesting 
    to the election results and requesting that the communication 
    constitute official notice of election.

    On Aug. 4, 1954,(13~) the House authorized the 
Speaker(14) to administer the oath of office to Mrs. 
Elizabeth P. Farrington, Delegate-elect of Hawaii, whose certificate of 
election had not yet arrived. She was administered the oath pursuant to 
a letter from the Governor of Hawaii stating the election results and 
requesting that the communication be accepted as notice of her election 
pending arrival of the official certificate, due to the desirability of 
having Hawaii represented in the House during the closing days of the 
session.
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13. 100 Cong. Rec. 13282, 83d Cong. 2d Sess.
14. Joseph W. Martin, Jr. (Mass.).
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Sec. 3.3 The House authorized, by unanimous consent, the administration 
    of the oath to a Member-elect, whose certificate of election had 
    not arrived, pursuant to a telegram from the Secretary of State 
    stating that the Member-elect was duly elected according to 
    unofficial returns.

    On Oct. 30, 1963,(15) the House authorized the 
administration of the oath to Mr. Mark Andrews, of North Dakota, 
pursuant to a telegram from Ben Meier, Secretary of State of North 
Dakota, stating that according to unofficial returns Mr. Andrews had 
been elected to complete an unexpired term.
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15. 109 Cong. Rec. 20612, 88th Cong. 1st Sess.
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Sec. 3.4 A Member-elect appearing without credentials has

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    been enrolled and sworn where the state executive notified the 
    House that although the Member-elect had been duly elected, the 
    preparation of the certificate was delayed by the technicalities of 
    state law.

    On Mar. 9, 1933,(16) the Clerk placed on the roll and 
the House authorized to be sworn in the Member-elect from Maine, Mr. 
John G. Utterback, who had appeared without a certificate of election. 
The Governor of Maine had informed the House that Mr. Utterback was 
duly elected but that a certificate of election would not be 
forthcoming until the assembly of the executive council, which was 
required by state law to act with the Governor in the preparation of 
the certificate.(17)
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16. 73 Cong. Rec. 71, 72, 73d Cong. 1st Sess.
17. See the remarks, in opposing the authorization of the 
        administration of the oath to Mr. Utterback, of Mr. Bertrand H. 
        Snell (N.Y.), who argued that the action of the House set a 
        dangerous precedent and violated both state and federal law. 73 
        Cong. Rec. 71, 72, 73d Cong. 1st Sess.
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Oath Administration Absent Credentials

Sec. 3.5 Where certificates of election have not been received, the 
    House may by unanimous consent authorize the Speaker to administer 
    the oath to Members-elect whose elections are not contested.

    On Nov. 15, 1937,(18) the House authorized Speaker 
William B. Bankhead, of Alabama, by unanimous consent, to administer 
the oath to three Representatives-elect for whom certificates of 
election had not yet been received, and whose elections were not 
contested.
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18. 82 Cong. Rec. 9, 75th Cong. 2d Sess.
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    Similarly, on Oct. 3, 1940,(~19) the House authorized, 
by unanimous consent, Speaker Sam Rayburn, of Texas, to administer the 
oath of office to Member-elect Florence R. Gibbs, of Georgia, 
notwithstanding the fact that the certificate of election had not yet 
been received in the Clerk's office.
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19. 86 Cong. Rec. 13117, 76th Cong. 3d Sess.
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    Also, on June 20, 1941,(20) the oath was administered by 
unanimous consent to Mr. John H. Foulder, of North Carolina, whose 
certificate of election had not yet been received.(1)
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20. 87 Cong. Rec. 5398, 77th Cong. 1st Sess.
 1. Similar House action has been taken on numerous occasions. See, for 
        example, 109 Cong. Rec. 11233 (June 20, 1963), 14242 (Aug. 6, 
        1963), 20612 (Oct. 30, 1963), 88th Cong. 1st Sess.; 111 Cong. 
        Rec. 13774 (June 16, 1965), 27171 (Oct. 18, 1965), 89th Cong. 
        1st Sess.

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[[Page 101]]

Credentials to Fill Vacancies

Sec. 3.6 The Clerk of the House informs the House of the receipt of a 
    certificate of election of a Member-elect, elected to fill an 
    unexpired term, whereupon the new Member is sworn in.

    On May 21, 1934,(2) Speaker Henry T. Rainey, of 
Illinois, laid before the House the following communication:
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 2. 78 Cong. Rec. 9151, 73d Cong. 2d Sess.
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        Honorable Henry T. Rainey,
        Speaker of the House of Representatives, Washington, D.C.

            Dear Sir: The certificate of election of Honorable J.Y. 
        Sanders, Jr., has been received, to fill the unexpired term of 
        Honorable Bolivar E. Kemp, of the sixth district of the State 
        of Louisiana.
            Very respectfully,
                                                    South Trimble,

        Clerk of the House of Representatives.

    Mr. Sanders was then presented to the House and administered the 
oath of office by the Speaker.

Sec. 3.7 Members-elect, elected to fill vacancies occurring in the 
    first session, are not included on the roll call to ascertain the 
    presence of a quorum when the second session convenes; their names 
    are included on the roll only after their certificates of election 
    have been laid before the House and after the oath has been 
    administered to them.

    On Jan. 10, 1966, the opening day of the second 
session,(3) after the call of the roll to ascertain the 
presence of a quorum, the certificates of election of Mr. Clarence J. 
Brown, Jr., of Ohio, and Mr. Thomas M. Rees, of California, both 
elected to fill vacancies, were laid before the House. The oath was 
then administered to them by Speaker pro tempore Carl Albert, of 
Oklahoma, and their names were then included on subsequent roll calls.
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 3. 112 Cong. Rec. 6, 89th Cong. 2d Sess.
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Credentials of Delegates and Resident Commissioners

Sec. 3.8 At the opening of a Congress, the Clerk informs the House of 
    the receipt of the credentials of Delegates and of the Resident 
    Commissioner from Puerto Rico, whose names are not placed on the 
    Clerk's roll.

    On Jan. 3, 1973,(4) immediately after the call of the 
Clerk's roll to

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establish a quorum, the Clerk announced to the House the receipt of the 
credentials of: Delegate-elect Walter E. Fauntroy, of the District of 
Columbia, Delegate-elect Antonio Borja Won Pat, of Guam, Delegate-elect 
Ron De Lugo, of the Virgin Islands, and Resident Commissioner-elect 
Jamie Benitez, of Puerto Rico. As the names of Delegates and Resident 
Commissioners are not called to establish a quorum or to vote for 
Speaker, their names were not included on the Clerk's roll.
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 4. 119 Cong. Rec. 12, 93d Cong. 1st Sess.
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    Parliamentarian's Note: The credentials of Delegates expire with 
the term of the House, but the Resident Commissioner's credentials 
extend for a four-year term.

Sec. 3.9 The Clerk informs the House of the receipt of the credentials 
    of the new Resident Commissioner of Puerto Rico to fill a vacancy, 
    whereupon the Commissioner is sworn.

    On Jan. 3, 1940,(5) the Clerk of the House, South 
Trimble, informed the the House of the receipt of a certificate signed 
by the Governor of Puerto Rico, showing the appointment of Mr. Bolivar 
Pagan as Resident Commissioner of Puerto Rico, to fill a vacancy.
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 5. 86 Cong. Rec. 6, 76th Cong. 3d Sess.
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    Mr. Pagan was then administered the oath of office.

Sec. 3.10 On one occasion the House was informed of the appointment of 
    the Resident Commissioner of the Philippines by the President of 
    the United States.

    On Aug. 18, 1944,(6) Speaker Sam Rayburn, of Texas, laid 
before the House a communication from the President of the United 
States, the Honorable Franklin D. Roosevelt, transmitting a 
communication from the President of the Philippines advising the 
President of the appointment of Colonel Carlos P. Romulo, as Resident 
Commissioner of the Philippines.
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 6. 90 Cong. Rec. 7102, 78th Cong. 2d Sess.
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    Parliamentarian's Note: The Philippine Government was sitting in 
Washington due to Japanese occupation of the Islands.