[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 8.  Elections and Election Campaigns]
[Index to Precedents]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 827-833]
 
                               CHAPTER 8
 
                    Elections and Election Campaigns


[[Page 827]]



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    Commentary and editing by Peter D. Robinson, J.D.
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A. Apportionment; Voting Districts

    Sec. 1. In General; Functions of Congress and the States
    Sec. 2. Census and Apportionment; Numerical Allocation of 
            Representatives
    Sec. 3. Districting Requirements; Duty of States
    Sec. 4. Failure of States to Redistrict

B. Time, Place, and Regulation of Elections

    Sec. 5. In General; Federal and State Power
    Sec. 6. Elector Qualifications; Registration
    Sec. 7. Time and Place; Procedure
    Sec. 8. Ballots; Recounts
    Sec. 9. Elections to Fill Vacancies

C. Campaign Practices

   Sec. 10. Regulation and Enforcement
   Sec. 11. Campaign Practices and Contested Elections
   Sec. 12. Expulsion, Exclusion, and Censure
   Sec. 13. Investigations by Standing Committees
   Sec. 14. Investigations by Select Committees

D. Certificates of Election

   Sec. 15. In General; Form
   Sec. 16. Grounds for Challenge
   Sec. 17. Procedure in Determining Validity; Effect


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                         DESCHLER'S PRECEDENTS

                          INDEX TO PRECEDENTS

Apportionment
    directory and not mandatory following census, Sec. 1.2
    legislation considered in Committee of the Whole, Sec. 2.5
    method of, by equal proportions, Sec. 2.6
    method of, by major fractions, Sec. 2.6
    motion to consider legislation not privileged, Sec. 2.4
    reduction of seats for denial of voting rights, Sec. Sec. 2.7, 2.8
Ballots
    impoundment of, by Congress, Sec. Sec. 8.9, 8.10
    validity of, Sec. 8.11
Campaign practices
    acts and regulations
        Clerk's role under Election Campaign Act, Sec. Sec. 10.6, 10.7
        committee jurisdiction, Sec. Sec. 10.2-10.5
        Committee on Standards of Official Conduct and its 
            jurisdiction, Sec. 10.5
    contested elections
        Corrupt Practices Act affecting validity of elections, 
            Sec. Sec. 11.1 et seq.
        expenditures, reports and limitations, Sec. Sec. 11.1 et seq.
    disciplinary action
        censure for corrupt practices, Sec. Sec. 12.3, 12.4
        exclusion for corrupt practices, Sec. 12.2
        expulsion for corrupt practices, Sec. 12.1
    investigations by select committees
        former select committee on standards and conduct, Sec. 14.9
        select committee to investigate campaign expenditures, creation 
            of, Sec. Sec. 14.1-14.3
        Senate select committees on campaign practices, 
            Sec. Sec. 14.10-14.12
        use of select committee findings to judge elections, 
            Sec. Sec. 14.4-14.8
    investigations by standing committees
        Committee on Elections, former, Sec. 13.3
        Committee on House Administration, Sec. Sec. 13.2, 13.4, 13.5
        Committee on Standards of Official Conduct, Sec. 13.6
        Senate investigation into election of House Member, Sec. 13.7
Census
    additional statistics taken, Sec. 2.1
    Congress' authority over, Sec. Sec. 1.1, 2.1
    Indians included in, Sec. Sec. 1.1, 2.3
    submission of results by President, Sec. 2.2
Certificates of election
    Delegates and Resident Commissioner, Sec. Sec. 15.6, 15.7
    issuance of by state executive, Sec. Sec. 15.1 15.4
    oath administration where certificate delayed, Sec. 15.5
    return of to state by Senate, Sec. 9.14
    Senate practice, Sec. Sec. 15.8, 15.9
Certificates of election, challenges to
    impeachment by ``citizens' certificate,'' Sec. 16.5
    impeachment by collateral matters, Sec. Sec. 16.6, 16.7
    impeachment by court order, Sec. Sec. 16.3, 16.4
    impeachment by other papers and evidence, Sec. 16.2
    irregular form, Sec. 16.1
Certificates of election, validity of
    jurisdiction of House, Sec. Sec. 17.1, 17.2
    nullification of certificate, Sec. Sec. 17.3, 17.4

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    reliance on state communications absent certificate, Sec. 17.5
Clerk of House
    authorized to investigate violations, Sec. 10.10
    authorized to obtain counsel, Sec. 10.8
    ex officio member of Federal Election Commission, Sec. 10.11
    role under election campaign statutes Sec. Sec. 10.6-10.11
Committee jurisdiction (see also Campaign practices)
    Committee on House Administration, validity of elections, 
        Sec. Sec. 5.2, 6.3, 8.5
    Committee on Judiciary, congressional districting, Sec. 3.2
    Committee on Judiciary, constitutional amendments, Sec. 6.8
    committees on elections, Sec. 8.11
    former census committee, Sec. 2.6
    select committees on campaign expenditures, election 
        irregularities, Sec. 8.3
Committee of the Whole
    consideration of redistricting and apportionment legislation in, 
        Sec. Sec. 2.5, 3.4
Congressional districting
    absence of judicial standards, Sec. 3.2
    congressional power over, Sec. Sec. 1.3, 3.1-3.3
    consideration of, in Committee of the Whole, Sec. Sec. 3.4
    consideration under special rules, Sec. 3.5
    former federal standards, Sec. 3.1
    jurisdiction of Committee on Judiciary, Sec. 3.2
    single-member districts, Sec. 3.3
    unequal representation in primary, Sec. 3.7
Constitution
    article I, Sec. 2, clause 1 (elector qualifications), Sec. 6.7
    article I, Sec. 2, clause 3 (census), Sec. Sec. 2.1-2.3
    article I, Sec. 2, clause 4 (elections to fill vacancies), Sec. 9.4
    article I, Sec. 4, clause 1 (congressional state authority over 
        elections), Sec. Sec. 1.3. 3.1, 3.3, 7.1, 9.7
    article I, Sec. 5, clause 1 (House judge of elections and returns), 
        Sec. Sec. 5.2, 5.4, 17.1
    article II, Sec. 2, clause 2 (appointments clause), Sec. 10.11
    24th amendment (poll tax prohibited), Sec. 6.9
Federal Election Commission
    composition, Sec. 10.11
    regulations, congressional disapproval of, Sec. 10.12
 Illegal control of election machinery, Sec. 7.8
Judiciary
    power of courts over congressional elections, Sec. Sec. 5.1-5.3, 
        7.2, 8.1 8.4, 9.8, 15.2, 15.3, 16.3, 16.4
    requiring congressional districting, Sec. 3.2
Poll officials, conduct of, Sec. Sec. 7.6, 8.11
Poll tax requirements, Sec. Sec. 6.6-6.9
President
    transmits census results and apportionment formula to Congress, 
        Sec. Sec. 1.1, 2.2
Primary elections, Sec. Sec. 7.2-7.5
Recounts
    congressional deference to state recount law, Sec. Sec. 8.2-8.4
    congressional power over state recount, Sec. Sec.  8.6, 8.7
    congressional recount, Sec. 8.5
    power of states, Sec. 8.1
    procurement of ballots by Congress, Sec. Sec. 8.9. 8.10

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Resignations effective on unspecified future date. Sec. Sec. 9.3, 9.4
Senate
    amendment abolishing poll tax, Sec. 6.9
    appointees to fill vacancies, Sec. Sec. 9.14-9.16
    certificates of election, Sec. Sec. 15.8, 17.6
    disciplinary action for corrupt practices, Sec. Sec. 12.1-12.3
    exclusion proceedings based on conspiracy to prevent voter 
        participation, Sec. 6.5
    expulsion proceedings based on illegal control of election 
        procedure, Sec. 7.8
    impoundment of ballot boxes, Sec. 8.10
    investigations into campaign practices, Sec. Sec. 14.10-14.12
Speaker
    appointments to former Federal Election Commission, Sec. 10.11
    declined to administer oath, Sec. 9.8
    granted authority to notify state of vacancy in House, Sec. 9.2
    notified by Clerk of receipt of certificates of election to fill 
        vacancy, Sec. 9.11
    submits constitutional questions to House, Sec. 1.2
    submits validity of certificates to House, Sec. 17.1
States
    application of state law over special elections, Sec. Sec. 9.7, 9.8
    campaign practices acts, effect of, on validity of elections, 
        Sec. 11.4
    denial of voting rights by alleged action of, Sec. Sec. 5.6, 5.7
    duty to call elections to fill vacancies, Sec. Sec. 9.4-9.6
    informal communications to House where certificate delayed, 
        Sec. 17.5
    issuance of certificate of election, Sec. Sec. 15.1-15.4
    jurisdiction over election procedure in general, Sec. Sec. 5.1-5.3
    laws regulating primaries, Sec. Sec. 7.2-7.4
    notification and declaration of vacancies, Sec. Sec. 9.1-9.6
    poll officials, conduct of, Sec. Sec. 7.6, 8.11
    recount by, Sec. Sec. 8.1, 8.2
    residency requirements for electors, Sec. Sec. 6.10, 6.11
    voter registration laws, Sec. Sec. 6.1, 6.2
    voting facilities, Sec. 7.7
Territories and seat of government
    certificates of election for Delegates and Resident Commissioner, 
        Sec. Sec. 15.6, 15.7
    territory, power over elections, Sec. 5.5
Time and place of election
    state authority to prescribe, Sec. 7.1
Vacancies, elections to fill
    certificate of election, Sec. Sec. 9.11-9.13
    congressional and state power over special elections, 
        Sec. Sec. 9.7, 9.8
    reelection of Representative to succeed himself, Sec. 9.10
    resignations effective on date of special election, Sec. Sec. 9.3, 
        9.4
    Senate, appointees to fill vacancies in, Sec. Sec. 9.14-9.16, 15.9
    state duty to call special election, Sec. Sec. 9.4-9.6
Vacancies, notification of, Sec. Sec. 9.1, 9.2
Vacancies, proposals to fill by appointment, Sec. 9.9
Voter registration and qualifications
    challenges to seats for denial of voting rights, Sec. Sec. 6.3-6.5
    federal protection of voting rights, Sec. 6.12
    poll tax requirements, Sec. Sec. 6.6-6.9
    residency requirements, Sec. Sec. 6.10, 6.11
    state action denying voting rights, Sec. Sec. 5.6, 5.7
    violation of state registration laws, Sec. Sec. 6.1, 6.2

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Voting facilities, Sec. 7.7
Voting rights legislation, Sec. Sec. 2.8, 5.3, 6.12

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                    Elections and Election Campaigns


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