The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-01-19
THE LAW REGULATING VOTE
FOR L. s. SENATOR.

To-day at noon both Houses of the
Legislature will vote separately for Unit
ed States Senator:
The law is brief, if not entirely clear,
touching the election of the United States
Senator.
The law is to be found in section IA,
etc, of the Revised Statutes of the Unit
ed States, and is completely given below.
To skeletonize the statute:
First-At noon to-day the Senator must
be balloted for in each house.
If there be majority of the votes cast
in each House for any one man, it is
so recorded on the journal and the elec-
ton is declared the following day.
If there be not u majority in each house,
then u ballot is taken the following day
by the House and Senate jointly, and
majority of those elected to both houses
shall determine the Senator.
The point which is not clear is whether
in the joint session there must be Il
quorum of the Senate and a quorum Of
the House; but as this condition will not,
probably, arise, there seems to be no
necessity of discussing it now. The fol-
lowing is the law:
Sec. IA. The Legislature OF each State
which is chosen next preceding the ex-
piration of the time for which any Sena-
tor was elected to represent such State
after the meeting and organization there
of proceed to elect Senator in Congress.
Sec. 10. Such election shall be con-
Quoted in the following manner: Each
house shall openly, by viva voce vote
of each member present, name one per
son for Senator in Congress from such
State, and the name Of the person so
voted for, who receives a majority of the
whole number of votes cast in each
house, shall be entered on the journal of
that house by the clerk or secretary there
of; or if either house fails to give such
majority to any person on that day, the
fact shall be entered on the journal. AT
II o'clock Meridian of the day following
that on which proceedings are required to
take place as aforesaid the members of
the two houses shall convene in joint
assembly, and the journal Of each house
shall then be read, and if the same person
has received "a majority of all the votes
in each house, he shall be declared duly
elected Senator But if the same person
has not received Il majority Of the votes
in each house, or if either house has
failed to take proceedings as required by
this section, the joint assembly shall then
proceed to choose, by a viva voce vote Of
each member present, person for Sena-
tor, and the person who receives ma
jority of all the votes Of the joint assem-
bly,, majority of all the members elect
ed to both houses being present and
voting, shall be declared duly elected. If
no person receives such majority on the
first day, the joint assembly shall meet
at II O'Clock Meridian of each succeed
ing day during the session of the Legis-
lature, and shall take at least one vote,
until a Senator is elected.
See. TO- Whenever ON the meeting of
the Legislature Of any State a vacancy
exists in the representation OF such State
in the Senate, the Legislature shall pro-
coed, on the second Tuesday after meet
ing and organization, to elect a person to
fill such vacancy, in the manner pre-
scribed in the preceding section for the
election Of n Senator for q full term.
Sec II. Whenever during the session Of
the Legislature Of any State vacancy
occurs in the representation OF such
State in the Senate similar proceedings
to fill such vacancy shall be had on the
second Tuesday after the Legislature has
organized and has notice Of such vacancy.
SEC. is. 1t shall be the duty Of the
executive Of the State from which any
Senator has been chosen, to certify his
election, under the seal of the State, to
the President Of the United States.
Sec. 10. The certificate mentioned in
the preceding section shall be counter.
signed by the Secretary of the State.