[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 8. Elections and Election Campaigns]
[B. Time, Place, and Regulation of Elections]
[§ 9. Elections to Fill Vacancies]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 892-904]
CHAPTER 8
Elections and Election Campaigns
B. TIME, PLACE, AND REGULATION OF ELECTIONS
Sec. 9. Elections to Fill Vacancies
Article I, section 2, clause 4 of the Constitution provides that
upon the creation of a vacancy in the House, the executive authority of
the state shall issue a writ of election to fill the vacancy. A vacancy
in the Senate may be filled either by a writ of election or by state
executive appointment under the 17th amendment.(13)
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13. For Senate appointments, see Sec. Sec. 9.149.16, infra.
Proposals to amend the Constitution to allow the
appointment of Representatives to fill temporary vacancies have
been rejected. See Sec. 9.9, infra.
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Whether a vacancy arises by death, resignation, declination, or
action of the House,(14) the vacancy must be officially
declared, either by the state executive or by the House, in order that
a special election may be held. Usually state authorities take
cognizance of the vacancy without the requirement of notice by the
House, and normally the state executive declares the vacancy to exist,
particularly in cases of death, declination, or
resignation.(5)
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14. For the ways in which vacancies may be created, see House Rules and
Manual Sec. Sec. 18-24 (comments to U.S. Const. art. I, Sec. 2,
clause 4) (1973).
15. See House Rules and Manual Sec. Sec. 18, 19 (1973).
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If a Member resigns directly to the state Governor, as is the
customary practice, the House is thereafter notified and the House need
take no action.(16) If he re
[[Page 893]]
signs directly to the Speaker, the Speaker may be given authority by
the House to notify the state Governor of the vacancy.(17)
Although a resigning Member may specify that his resignation take
effect in the future,(18) there is doubt as to the validity
or effectiveness of a resignation which does not specify its effective
date.(19)
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16. See Sec. 9.1, infra.
17. See Sec. 9.2, infra.
18. See Sec. 9.3, infra.
19. Id.
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If a Governor does not recognize the existence of a vacancy, such
as in the case of a presumed death not susceptible of proof, the House
itself may declare the seat vacant, as it does where independent House
action creates a vacancy by expulsion or exclusion of a
Member.(20)
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20. See Sec. 9.2, infra (Speaker notifies state of vacancy) and
Sec. 9.5, infra (presumed death, House declaration of vacancy).
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Once the vacancy is declared, the state Governor has a mandatory
and not merely a directory duty to call for a special
election.(1)
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1. See Jackson v Ogilvie, 426 F2d 1333 (7th Cir. 1970), cert. denied,
400 U.S. 833; In re Congressional Election, 15 R.I. 624, 9
A.224 (1887); In re the Representation Vacancy, 15 R.I. 621, 9
A.222 (1887). Contra, People ex rel. Fitzgerald v Voorhis, 222
N. Y. 494 119 N.E. 106 (1918) (state court, would not interfere
with executive discretion to call special election).
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The time, place, and manner of special elections are regulated in
much the same way as in general elections; in the absence of federal
regulation, state law governs the proceedings.(2) And
Congress is the sole judge of the elections and returns of Members-
elect to fill vacancies, whose certificates must be transmitted to the
House and must show the Member-elect regularly elected in accordance
with federal and state law.(3)
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2. See Sec. 9.7, infra.
3. For materials on Congress as judge of elections to fill vacancies,
see Sec. Sec. 9.7, 9.8, infra. For the certificates of election
of Members-elect to fill vacancies, see Sec. Sec. 9.11-9.13,
infra.
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Although the time for general elections is regulated by federal
statute,(4) the states appoint the time of special elections
to fill vacancies.(5) The state in holding a special
election must comply with constitutional and statutory requirements
applicable to all federal elections, such as those mandating full
voting rights and properly drawn congressional districts.(6)
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4. See 2 USC Sec. 7.
5. See 2 USC Sec. 8.
6. For protection of voting rights, see Sec. 6, supra. For districting
requirements, see Sec. Sec. 3, 4, supra.
In cases where congressional district lines were redrawn
after the general election but before a special election, the
decisions have been in conflict as to whether the special
election should be held in the old district or the newly drawn
district. See People ex rel. Fitzgerald v Voorhis, 222 N.Y.
494, 119 N.E. 106 (1918) (election to be held in new district
rather than district at time of original election); contra,
Sloan v Donoghue, 20 Cal. 2d 607, 127 P.2d 607, 127 P.2d 922
(1942). See also 1 Hinds' Precedents Sec. Sec. 311, 312, 327.
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[[Page 894]]
Notification of Vacancy
Sec. 9.1 Under normal practice, Members notify the Speaker by letter of
their resignation after first submitting their resignations to the
Governor of their state.
On Sept. 12, 1968,(7) the Speaker (8) laid
before the House a communication from Mr. Charles Goodell, of New York,
which read as follows:
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7. 114 Cong. Rec. 26541, 90th Cong. 2d Sess. For further illustrations
see 108 Cong. Rec. 7, 87th Cong. 2d Sess., Jan. 10, 1962; and
89 Cong. Rec. 7779, 78th Cong. 1st Sess., Sept. 23, 1943.
8. John W. McCormack (Mass.).
House of Representatives,
Washington, D.C.,
September 11, 1968.
Hon. John W. McCormack,
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I have today submitted my resignation as
United States Representative from the 38th District of the State of
New York to the Governor of New York. This resignation is effective
at the close of business on September 9, 1968.
The years I have spent in the House of Representatives have
been memorable ones. I will not soon forget the many wonderful
friendships I made during these years. The opportunity to serve
with you and the many outstanding members of the House of
Representatives has been most rewarding.
I look forward to working with you and your colleagues in
another capacity as we continue to pursue constructive and positive
solutions to the critical problems of the times.
With warm personal regards, I am,
Very truly yours,
Charles E. Goodell.
Sec. 9.2 Where a Member resigns by direct communication to the Speaker
only, the House authorizes the Speaker to notify the Governor of
the State in order to effectuate the resignation and create a
vacancy.(9)
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9. Where the House itself creates a vacancy, as by its ruling in an
election case or otherwise, the Speaker is directed to notify
the state executive of the vacancy (see Sec. Sec. 9.5, 9.7,
infra). But a Member's resignation is only effective when
transmitted to the Governor, and not to the House.
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On July 12, 1957, after a Member from Pennsylvania had re
[[Page 895]]
signed directly to the House,(10) Speaker Sam Rayburn, of
Texas, was authorized by the House (by unanimous consent) to notify the
Governor of Pennsylvania of the vacancy as follows:
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10. 103 Cong. Rec. 11536, 85th Cong. 1st Sess. See also 75 Cong. Rec.
2969, 72d Cong. 1st Sess., Jan. 29, 1932; 90 Cong. Rec. 8450,
78th Cong. 2d Sess., Nov. 27, 1944; 106 Cong. Rec. 16535, 86th
Cong. 2d Sess., Aug. 16, 1960 (during adjournment, previous
authority granted).
His Excellency George M. Leader,
Governor of Pennsylvania,
Harrisburg, Pa.
Sir: Honorable Samuel K. McConnell, Jr. on Friday July 12,
1957, submitted his resignation as a Representative in the Congress
of the United States from the Thirteenth District of Pennsylvania,
effective September 1, 1957, and pursuant to the order of the House
of Representatives on Friday, July 12, 1957, I have been directed
to so inform you.
Very truly yours,
Sam Rayburn.
Resignations Effective in the Future
Sec. 9.3 Resigning Members have on occasion made their resignations
effective on a future date and on one occasion the effective date
followed the anticipated date of a special election to fill the
vacancy which would be created; but a resignation to become
effective when a special election may be held or a successor
elected, without specifying an effective date certain, is invalid
and does not create a vacancy.
On Oct. 2, 1963,(11) W. Homer Thornberry notified
Speaker John W. McCormack, of Massachusetts, of his resignation as a
Representative from Texas, the resignation to become effective Dec. 20,
1963. Mr. Thornberry delayed the effective date of his resignation
because of the press of business in the House and because a special
election, for another purpose, had previously been scheduled for Dec. 9
in Texas; that date was therefore considered an opportune time to
conduct a special election for Mr. Thornberry's seat. James J. Pickle,
of Texas, was elected to fill the seat in the Dec. 9 special election
and took the oath as a Member on Dec. 21, 1963.
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11. 109 Cong. Rec. 18583, 88th Cong. 1st Sess.
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On Dec. 1, 1944,(12) in the 78th Congress, second
session, Dave E. Satterfield notified Speaker Sam Rayburn, of Texas, of
his resignation as a Representative from Virginia, ``to become
effective as soon as my successor can be elected.''
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12. 90 Cong. Rec. 8689, 78th Cong. 2d Sess.
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[[Page 896]]
Mr. Satterfield had already been re-elected in November to a House seat
in the 79th Congress. No special election was called in Virginia and
Mr. Satterfield took his seat as a Representative from Virginia to the
79th Congress. On Jan. 29, 1945, Mr. Satterfield resigned from the
House, effective on Feb. 15, 1945.
On Jan. 18, 1965 (see Sec. 9.4, infra), Albert W. Watson notified
Speaker John W. McCormack, of Massachusetts, of his resignation as a
Representative from South Carolina, to be effective ``upon such date as
the Governor may set for a special election to fill the vacancy.'' The
Governor of South Carolina declined to take any action on the
conditional resignation and no special election was called. On Jan. 28,
1965, Mr. Watson notified the Speaker of his resignation as a
Representative to take effect immediately.
On Sept. 26, 1956,(13) Senator Marion Price Daniel (who
had begun his six-year term in 1953) resigned his seat in the Senate
from the State of Texas, to become effective Jan. 15, 1957, ``or at
such earlier date as my successor has been elected and qualified.''
Senator Daniel's letter of resignation to the Governor of Texas stated
that ``although the date of the election . . . is a matter within your
discretion, please permit me to express the hope that it will be held
in time for my successor to take office not later than January 3.'' The
Governor of Texas did not call a special election, since no vacancy
could be created by the qualified resignation until Jan. 15, 1957, in
the 85th Congress first session. Senator William A. Blakley was
appointed to fill the vacancy created on Jan. 15 and took his seat in
the Senate on Jan. 17.
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13. 103 Cong. Rec. 3, 85th Cong. 1st Sess., Jan. 3, 1957 (letter of
resignation laid before the Senate at convening of 85th
Congress).
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Parliamentarian's Note: For a discussion in the Senate in the 58th
Congress on the impropriety of a resignation to take effect on a future
unspecified date, see 2 Hinds' Precedents Sec. 1229. The view was
expressed on that occasion (involving a contested election case) that
any resignation to take effect in the future, whether or not an
effective date was specified, only constituted notice of the intention
to resign, since the resigning Member could withdraw his resignation
before it took effect. See, for example, the resignation of a Member to
take effect on a future specified date cited at 6 Cannon's Precedents
Sec. 231; the Member withdrew his resignation
[[Page 897]]
after it had been received by the State Governor but before its
effective date.
The precedents of the House have established that a resignation may
be made effective on a future date (see 2 Hinds' Precedents
Sec. Sec. 1220-1227), but as the precedents above indicate, a
resignation which does not specify a date certain on which it becomes
effective is invalid and does not create a vacancy. And in view of the
possibility of the withdrawal of a resignation which is not yet
effective, a special election to fill the seat should be withheld until
the effective date of the resignation.
State Duty to Call Special Election
Sec. 9.4 Where a Member resigned, his resignation to be effective on
the date of an election to fill the vacancy, and the Governor
failed to call a special election, the Member immediately resigned
from the House.
On Jan. 18, 1965,(14) Speaker John W. McCormack, of
Massachusetts, laid before the House a letter from Mr. Albert W.
Watson, of South Carolina, advising the Speaker of his resignation to
the Governor of his state, such resignation to be effective upon such
date as the governor may set for a special election to fill the
vacancy.
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14. 111 Cong. Rec. 805, 806, 89th Cong. 1st Sess.
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On Jan. 28, 1965,(15) the Speaker laid before the House
a communication from Mr. Watson stating that it appeared that the
Governor of South Carolina intended to take no affirmative action on
his provisional resignation or to call a special election to fill the
vacancy that would be created. Mr. Watson therefore immediately
resigned his seat as a Representative, to the Governor with notice to
the Speaker.(16)
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15. 111 Cong. Rec. 1452, 89th Cong. 1st Sess.
16. When a vacancy in a congressional seat is created, the state
Governor has an affirmative duty under U.S. Const. art. I,
Sec. 2, clause 4 to call a special election to fill the
vacancy. See Jackson v Ogiluie, 426 F2d 1333 (7th Cir. 1970),
cert. denied, 400 U.S. 833.
Under 2 USC Sec. 8, the state legislature may prescribe the
time for a special election to fill a congressional vacancy.
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Sec. 9.5 Where a Member-elect disappeared between the issuance of his
certificate of election and the convening of the Congress, and the
Governor took no action, the House declared the seat va
[[Page 898]]
cant and notified the Governor thereof.
On Jan. 3, 1973, at the convening of the 93d Congress, Speaker Carl
Albert, of Oklahoma, laid before the House communications from the
Clerk advising him of the disappearance of an aircraft carrying two
Representatives-elect to the House, N.J. Begich, of Alaska, and Hale
Boggs, of Louisiana.(17) The Clerk's communication stated
that, for one of those Members-elect, the Governor of the state had
declared the congressional seat vacant, pursuant to a presumptive death
verdict and a certificate of presumptive death.
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17. 119 Cong. Rec. 15, 16, 93d Cong. 1st Sess.
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As to the other Member-elect, Mr. Boggs, the Clerk advised the
Speaker that the attorney general of Louisiana had informed him that no
action had been taken by the Governor and no action was contemplated to
change the status of Mr. Boggs or to change the status of the
certificate of election for Mr. Boggs filed with the Clerk.
The House then adopted House Resolution 1, declaring the seat of
Mr. Boggs to be vacant and notifying the Governor of Louisiana of the
existence of the vacancy.(18)
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18. Id.
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Sec. 9.6 After a vacancy was created by the death of a Representative,
the state Governor proclaimed the winner of the special primary
election to be duly elected to the House without holding a general
election, since the primary winner was the only qualified candidate
for the general election.
On Oct. 18, 1965,(19) Mr. Edwin W. Edwards took the oath
of office to fill a vacancy from the State of Louisiana. On Oct. 15,
1965, the Governor of Louisiana had proclaimed Mr. Edwards duly elected
to the House of Representatives, without holding a general election,
since Mr. Edwards had won the special Democratic primary election and
no other candidates had qualified to stand for office in the general
election to fill the vacancy.
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19. 111 Cong. Rec. 27171, 89th Cong. 1st Sess.
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Application of State Law as to Special Elections
Sec. 9.7 Congress in judging the elections of Members to fill vacancies
follows state law regulating the time and procedure for such
elections, in the absence of federal regulation.(20)
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20. See U.S. Const. art. I, Sec. 4, clause 1 and 2 USC Sec. 8.
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[[Page 899]]
On Jan. 20, 1934, a Committee on Elections submitted House
Resolution 231 and House Report No. 334, declaring null and void an
election to fill a vacancy and denying the seat to either of the two
contestants, one with a certificate of election from the Governor and
one with a certificate of election from a citizens'
committee.(1)
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1. 78 Cong. Rec. 1035, 73d Cong. 2d Sess. On Jan. 3, 1934, the House
had denied the right to be sworn to either contestant and had
referred the matter to the Elections Committee. 78 Cong. Rec.
11, 12, 73d Cong. 2d Sess.
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The committee (see H. Rept. No. 334) had determined, after
examining the relevant state law, that: The election to fill the
vacancy, held pursuant to the governor's proclamation, was invalid
because held prior to expiration of the period required by state law to
precede the election; and although the election was invalid, a party
committee could not itself nominate a candidate and hold an election to
choose him as a Representative.(2) The House adopted the
resolution declaring the election null and void:
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2. See 78 Cong. Rec. 1108-11, 73d Cong. 2d Sess., Jan. 22, 1934 and 78
Cong. Rec. 1510-21, 73d Cong. 2d Sess., Jan. 29, 1934.
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Resolved, That there was no valid election for Representative
in the House of Representatives of the Seventy-third Congress from
the Sixth Congressional District of the State of Louisiana on the
5th day of December, or the 27th day of December 1933, and that
neither Mrs. Bolivar E. Kemp nor J. Y. Sanders, Jr., is entitled to
a seat therein; and be it further
Resolved, That the Speaker communicate to the Governor of the
State of Louisiana that there is a vacancy in the representation of
that State in the Sixth Congressional District
thereof.(3)
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3. 78 Cong. Rec. 1521, 73d Cong. 2d Sess., Jan. 29, 1934.
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Sec. 9.8 Where a state court issued a preliminary injunction against
the issuance of a certificate to a Member-elect to fill a vacancy
and the Speaker declined to administer him the oath, without the
certificate and without unanimous consent of the House, the House
authorized that he be sworn and referred to committee the question
as to his final right to a seat.
On May 24, 1972, the House authorized the Speaker to administer the
oath to Member-elect William S. Conover II, to fill a vacancy in a
congressional seat from Pennsylvania.(4) House Resolution
986, authorizing the administration of the oath, provided that Mr.
[[Page 900]]
Conover's final right to a seat be referred to the Committee on House
Administration, since a citizens' group had obtained a state court
preliminary injunction prohibiting the state Governor from issuing a
certificate of election to Mr. Conover:
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4. H. Res. 986, 118 Cong. Rec. 18654, 92d Cong. 2d Sess.
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Whereas the Honorable James G. Fulton, Representative from the
Twenty-seventh District of Pennsylvania, died on the 5th day of
October 1971;
Whereas Governor Milton Shapp, duly elected Governor of the
Commonwealth of Pennsylvania, ordered a special election for the
purpose of filling the seat vacated by the death of the Honorable
James G. Fulton;
Whereas said special election was held on the 25th day of April
1972;
Whereas the laws of Pennsylvania provide that any candidate may
challenge the results of said election within twenty days of the
election;
Whereas twenty days have expired and neither Douglas Walgren,
Democratic candidate in that special election, nor Willard Holt,
Constitution candidate in said special election, have filed suit in
any court challenging said election;
Whereas the Bureau of Elections, Allegheny County, has
forwarded the official certified vote to the Secretary of the
Commonwealth of Pennsylvania, according to the laws of the
Commonwealth of Pennsylvania, showing that William S. Conover II
received twenty-eight thousand six hundred and forty-seven votes;
Douglas Walgren received twenty-five thousand nine hundred and
fifty-six votes; and Willard Holt received one thousand five
hundred and seventeen votes;
Whereas a citizens' group has instituted a suit against Milton
Shapp, Governor of the Commonwealth of Pennsylvania, and C. Delores
Tucker, Secretary of the Commonwealth of Pennsylvania, and did on
May 11, 1972, obtain in the Commonwealth Court of Pennsylvania a
preliminary injunction restraining Milton Shapp, Governor of the
Commonwealth of Pennsylvania, from issuing a certificate of
election based on the aforementioned results of the special
election held April 25, 1972;
Whereas legal proceedings emanating from this suit may result
in protracted litigation thereby depriving the Twenty-seventh
Congressional District of Pennsylvania of representation in the
House of Representatives for an indefinite period; and
Whereas under article I, section 5 of the Constitution of the
United States the House of Representatives is the judge of the
elections, returns and qualifications of its own Members: Therefore
be it
Resolved, That the Speaker is hereby authorized and directed to
administer the oath of office to the gentleman from Pennsylvania,
Mr. William S. Conover II; and be it further
Resolved, That the question of the final right of William S.
Conover II to a seat in the Ninety-second Congress be referred to
the Committee on House Administration, and said committee shall
have the power to send for persons and papers and examine witnesses
on oath in relation to the subject matter of this resolution.
Parliamentarian's Note: Mr. Conover had originally appeared to take
the oath of office shortly
[[Page 901]]
after the special election to fill the vacancy was held on Apr. 25,
1972, but Speaker Carl Albert, of Oklahoma, declined to administer the
oath due to the preliminary injunction and the likelihood of an
objection being raised to Mr. Conover's taking the oath without a
certificate of election.
Proposals to Fill Vacancies by Appointment
Sec. 9.9 Proposals to amend the Constitution to provide for filling
vacancies in the House by appointment have been
rejected.(5)
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5. See, e.g., 106 Cong. Rec. 1715, 1747, 1748, 86th Cong. 2d Sess.,
Feb. 2, 1960 (S.J. Res. 39).
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Re-election of Representative to Succeed Himself
Sec. 9.10 A Member who resigns or who is excluded from the House may be
re-elected in a special election to succeed himself in the same
Congress.
On Nov. 20, 1944,(6) Mr. James Domengeaux appeared to
take the oath of office. He was elected to fill a vacancy created when
he had resigned his congressional seat from the State of Louisiana in
the same Congress.
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6. 90 Cong. Rec. 8201, 78th Cong. 2d Sess.
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Parliamentarian's Note: Mr. Domengeaux resigned to enter the armed
forces and after approximately 90 days was discharged because of
physical disability.
On May 1, 1967,(7) Speaker John W. McCormack, of
Massachusetts, laid before the House a letter from the Clerk, advising
receipt of a certificate showing the special election of Mr. Adam C.
Powell, of New York, to fill a vacancy created when the House, on Mar.
1, 1967, adopted a resolution excluding Mr. Powell from membership and
declaring his seat vacant. In response to a parliamentary inquiry, the
Speaker indicated that if Mr. Powell appeared to take the oath and was
again challenged, the House would have to determine, at that time, what
action it should take.
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7. 113 Cong. Rec. 11298, 90th Cong. 1st Sess.
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On June 16, 1965,(8) Mr. Albert W. Watson, of South
Carolina, elected in a special election to fill the vacancy created
when he himself resigned from the House, was administered the oath of
office. He had originally been elected as a Democrat, resigned from the
House, and was re-elected to the House as a Republican.(9)
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8. 111 Cong. Rec. 13774, 89th Cong. 1st Sess.
9. See also Sec. 7.5, supra, where a Senator elected by a ``write-in''
vote resigned to permit a regular primary election and
announced his candidacy therein.
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[[Page 902]]
Certificate of Election to Fill Vacancy
Sec. 9.11 The Clerk notifies the Speaker when he receives certificates
of elections to fill vacancies in the House.
On Jan. 3, 1956,(10) the Speaker laid before the House a
communication from the Clerk stating as follows:
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10. 102 Cong. Rec. 5, 84th Cong. 2d Sess. See also 104 Cong. Rec. 5,
85th Cong. 2d Sess., Jan. 7, 1958; 112 Cong. Rec. 6, 89th Cong.
2d Sess., Jan. 10, 1966 (certificates for Members to fill
vacancies are not laid before the House until after the roll
call, on the convening day of the second session); 114 Cong.
Rec. 25508, 90th Cong. 2d Sess., Sept. 4, 1968; 115 Cong. Rec.
26056, 26057, 91st Cong. 1st Sess., Sept. 18, 1969 (Governor of
state, having named appointee to fill vacancy, appeared on
Senate floor to witness taking of oath by appointee).
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A certificate of election in due form of law for the Honorable
John D. Dingell as a Representative-elect to the Eighty-fourth
Congress from the Fifteenth Congressional District of the State of
Michigan, to fill the vacancy caused by the death of his father,
the late Honorable John D. Dingell, has been received from the
secretary of state of Michigan, and is on file in this office.
Sec. 9.12 Members-elect to fill vacancies may be sworn by unanimous
consent where their certificates of elections have not arrived and
their elections are not contested.(11)
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11. 115 Cong. Rec. 28487, 91st Cong. 1st Sess., Oct. 3, 1969 (sworn in
as Member prior to vote on military procurement authorization
for 1970); 111 Cong. Rec. 27171, 89th Cong. 1st Sess., Oct. 18,
1965 (only candidate for the vacancy); 111 Cong. Rec. 13774,
89th Cong. 1st Sess., June 16, 1965 (re-election of Member who
resigned); 100 Cong. Rec. 13282, 83d Cong. 2d Sess., Aug. 4,
1954 (Delegate-elect); 90 Cong. Rec. 8194, 78th Cong. 2d Sess.,
Nov. 16, 1944.
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Sec. 9.13 A Member-elect elected to fill a vacancy was sworn in,
although his certificate was objected to on the ground that it
stated he was ``duly elected as Congressman,'' instead of
``Representative in Congress.'' (12)
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12. Although no special form for the certificate of a Representative-
elect is required by federal law, the certificate of a Member-
elect to fill a vacancy should identify the vacancy and term he
is filling. See, in general, Sec. 15, infra.
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On June 2, 1930,(13) Mr. Robert H. Clancy, of Michigan,
arose to object to the validity of the certificate of election of
Thomas L.
[[Page 903]]
Blanton, Member-elect from Texas, to fill a vacancy. Mr. Clancy's
objection was based on the description in the credentials of Mr.
Blanton as ``Congressman,'' instead of as ``Representative in
Congress.''
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13. 72 Cong. Rec. 9891, 9892, 71st Cong. 2d Sess.
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Mr. John N. Garner, of Texas, arose to state that Mr. Clancy's
objection was frivolous, since the certificate clearly stated that Mr.
Blanton was elected from the 17th District of Texas, and to succeed Mr.
Robert Q. Lee, who all the Members of the House knew represented the
17th District in the House. Mr. Clancy responded that the Clerk of the
House had notified the authorities in Texas a number of times that they
should not designate the office as ``Congressman,'' but as
``Representative in Congress,'' and that the precedents of the House
mandated that the credentials must be in order and must correctly
describe the office.
The House then voted on the question and directed that the Speaker
administer the oath to the challenged Member-elect.
Appointees to Fill Vacancies in Senate
Sec. 9.14 An appointee to fill a vacancy in the Senate declined to
serve, whereupon his certificate of appointment was returned to the
state Governor.
On June 21, 1956,(14) there was laid before the Senate
two communications from Governor Chandler of Kentucky, one appointing
Senator-elect Joseph Leary to fill a vacancy, and one asking the return
of the certificate of appointment, since Mr. Leary had declined to
serve. The Senate ordered the return of the certificate:
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14. 102 Cong. Rec. 10769, 84th Cong. 2d Sess.
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Ordered, That in view of the declination of Joseph J. Leary of
the appointment by the Governor of Kentucky as Senator from that
State to fill the vacancy caused by the death of the late Senator
Alben W. Barkley, the certificate of appointment of Mr. Leary be
returned by the Secretary of the Senate to the Governor, in
comoliance with his request.
Sec. 9.15 Where a candidate was simultaneously elected as a Senator and
as Vice President, he was administered the oath as Senator and then
immediately resigned from the Senate; this resignation was followed
by the administration of the oath to an appointee to fill the
vacancy that had been created.
On Jan. 3, 1961,(15) Senator-elect Lyndon B. Johnson, of
[[Page 904]]
Texas, was administered the oath, after which he submitted his
resignation from the Senate due to his election as Vice President of
the United States.
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15. 107 Cong. Rec. 6, 7, 87th Cong. 1st Sess.
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Following his resignation, there were laid before the Senate a
letter and telegram from the Governor of Texas appointing Mr. William
A. Blakley to fill the vacancy created by Mr. Johnson's resignation.
After the receipt of the communications, Mr. Blakley, who was present,
was administered the oath.
Sec. 9.16 The Speaker laid before the House a letter of resignation
from a Member who had been appointed to the Senate to fill the
vacancy caused by the resignation of a Senator whose term of office
was about to expire.
On Dec. 31, 1970, the Speaker laid before the House the resignation
of Mr. William V. Roth, Jr., of Delaware. Mr. Roth had been appointed
by the Governor to fill a vacant senatorial seat and was administered
the oath in the Senate on Jan. 2, 1971, although the term of office for
the seat was to expire a day later on Jan. 3, 1971.(16)
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16. 116 Cong. Rec. 44516, 91st Cong. 2d Sess.
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Parliamentarian's Note: Mr. Roth had been elected as a Senator from
Delaware, his term to begin Jan. 3, 1971; the appointment to fill the
vacancy in the 91st Congress had the effect of increasing his seniority
in the 92d Congress.