New Zealand Senate

The **New Zealand Senate** is the upper chamber of the New Zealand Congress, which, along with the New Zealand House of Representatives—the lower chamber—constitutes the legislature of New Zealand.

The composition and powers of the Senate are established by the New Zealand Constitution. The Senate is composed of senators, each of whom represents a senate district composed of eight or nine congressional districts. Each senate district is represented by two senators who serve staggered terms of six years. There are currently 40 senators representing the 20 senate districts.

The New Zealand Senate is modelled on the Australian senate which is considered a distinctive hybrid of British Westminster bicameralism and United States-style bicameralism. The Senate is vested with significant powers, including the capacity to reject all bills, including budget and appropriation bills, initiated by the government in the House of Representatives. Whilst the Prime Minister's party will commonly hold majority support in the senate, it is common that negotiation with other parties is required to pass legislation.

## History

Main article: History of the New Zealand Senate

## Current composition and election results

### Current party standings

Main article: Current members of the New Zealand Senate

The party composition of the Senate during the 117th Congress:

 Total

## Membership

### Qualifications

The New Zealand Constitution sets three qualifications for senators: (1) they must be at least 18 years old; (2) they must be a citizen of New Zealand; (3) they must 'live, work or play' in the state they seek to represent. These are the same qualifications as required for representatives. The Supreme Court is the final judge of a senator's qualifications, however will only hear cases where the appellant is the Senate itself which requires a super-majority of 30 senators to support a legal challenge. Since its creation, three motions have been raised that challenge whether a senator fulfilled the third qualification set out in the Constitution. All three motions have failed although one gained majority support.

### Elections and term

#### Term

Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of the last third expired after six years. There is no constitutional limit to the number of terms a senator may serve.

The Constitution set the date for Congress to convene as that date for the second Sunday of January, unless a supermajority of Congress appointed a different day. The Constitution also states that the Congress shall assemble at least once every year, and allows the Congress to determine its convening and adjournment dates and other dates and schedules as it desires. The constitution also provides that the Prime Minister has the power to convene Congress on extraordinary occasions at his discretion.

A member who has been elected, but not yet seated, is called a *senator-elect*; a member who has been appointed to a seat, but not yet seated, is called a *senator-designate*.

#### Elections

Further information: List of New Zealand Senate elections

Elections to the Senate are held on the second Saturday of November in even-numbered years, and coincide with elections for the House of Representatives. Senators are elected by their senate districts. Senate districts are groupings of 8 or 9 congressional districts which have 'comparative or collective' communities of interest. Although the Constitution establishes it is preferable, senate districts are not constitutionally required to be contiguous unlike House districts.

The Elections Clause of the New Zealand Constitution sets out the method by which senators are elected as well as ballot access rules of independents and third parties. The signatory threshold in for independents and third party candidates in the Senate seats is 15%, lower than the 20% required for House of Representatives because of the larger population.

Before the general election, primary elections are held first for the National and Labour parties (and a select few third parties, depending on ballot eligibility) with the general election following a few months later. As in the general election, the winner is the candidate who receives a plurality of the popular vote.

#### Vacancies

The Constitution requires that vacancies in the Senate be filled by special election within six months. In most cases this means an one-off special election will be held. However, if the vacancy arrives within six months of the next nationwide election, then the special election is required then. If a special election for one seat happens to coincide with a general election for the state district's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for a full-term).

The Constitution permits the congressional delegation from the senate district to make a temporary appointment until the required special election takes place. The appointed senator is required by the constitution to hold the same party affiliation as the senator who created the vacancy. The appointed senator is also able to contest the subsequent special election.

### Oath

The Constitution requires that senators take an oath or affirmation to support the Constitution. Congress has prescribed the following oath for all federal officials (except the President), including senators.

### Salary and benefits

The salary of senators is administered by the New Zealand Remuneration Authority in accordance with section 8 of the Members of Parliament (Remuneration and Services) Act 2013 and the Remuneration Authority Act 1977. Salaries are set by a Parliamentary Salaries and Allowances Determination issued by the Remuneration Authority. Since the Members of Parliament (Remuneration Adjustment) Amendment 2018, all salaries are at fixed rates and adjusted yearly in line with inflation. During 2036/37, the annual base salary of each senator is $262,285.

Along with earning salaries, senators receive allowances to cover out-of-pocket expenses incurred as a result of their position. This covers meals, entertaining visitors, koha, gifts, luggage and memberships. Senator's travel and accomodation costs are also funded. In addition, senators able to access a parliamentary superannuation scheme.

### Seniority

Main article: Seniority in the New Zealand Senate

According to the convention of Senate seniority, the senator with the longer tenure in each state is known as the "senior senator"; the other is the "junior senator". This convention does not have official significance, though seniority generally is a factor in the selection of physical offices and in party caucuses' assignment of committees. In the 10th Congress, the most-senior "junior senator" is Winston Sullivan of Wellington, who was sworn in on January 14, 2029, and is currently 11th in seniority, behind Oliver Reid who was sworn in on January 13, 2019, and is currently 1st in seniority. The most-junior "senior senator" is Jennie Davidson of Manuwatu-Wairarapa, who was sworn in on January 11, 2037, and is 38th in seniority, ahead of Ruben Shelton, who was sworn in on the same day.

### Expulsion and other disciplinary actions

The Senate may expel a senator by a two-thirds vote. However, no senators have every been expelled from the New Zealand Senate.

## Majority and minority parties

The "majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the Prime Minister's affiliation determines which party is the majority party. The next-largest party is known as the minority party. The senate pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus support either of the larger parties) are not considered in determining which is the majority party.

## Officers

Except for the president of the Senate, the Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices and precedents. Many non-member officers are also hired to run various day-to-day functions of the Senate.

### Presiding officer

Main article: Presiding Officer of the New Zealand Senate

Under the New Zealand Constitution, the Deputy Prime Minister serves as president of the Senate. They may vote in the Senate if a tie occurs, but are not required to. However, presiding over the Senate is not normally the Deputy Prime Minister's main responsibility. Deputy Prime Minister's normally preside over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or when a tie vote on an important issue is anticipated.

The Constitution authorises the Senate to elect a president pro tempore (Latin for "president for a time"), who presides over the chamber in the vice president's absence. The president pro tempore is, by tradition, a Senator from the majority party, who is not a Cabinet Minister. The pro tempore will also commonly delegate presiding over the Senate to other Senators from both parties. Commonly this responsibility is delegated to one Senator from each of the majority and minority parties.

The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the speaker of the House. The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing the results of votes.

### Party leaders

Main article: Party leaders of the United States Senate

Each party elects Senate party leaders. Floor leaders act as the party chief spokesmen. The Senate majority leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip), who works to ensure that his party's senators vote as the party leadership desires.

### Non-member officers

In addition to the vice president, the Senate has several officers who are not members. The Senate's chief administrative officer is the secretary of the Senate, who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The assistant secretary of the Senate aids the secretary's work. Another official is the sergeant at armswho, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the chaplain, who is elected by the Senate, and pages, who are appointed.

## Procedure

### Daily sessions

The Senate uses Standing Rules for operation. Like the House of Representatives, the Senate meets in the United States Capitol in Washington, D.C. At one end of the chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2.

Senate procedure depends not only on the rules, but also on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent. Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses the gavel of the Senate to maintain order.

A "hold" is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by a senator at any time. A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill the bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration.

Holds can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the leader, and are sometimes referred to as "secret holds". A senator may disclose that he or she has placed a hold.

The Constitution provides that a majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed present unless a quorum callexplicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll of the Senate and notes which members are present. In practice, senators rarely request quorum calls to establish the presence of a quorum. Instead, quorum calls are generally used to temporarily delay proceedings; usually, such delays are used while waiting for a senator to reach the floor to speak or to give leaders time to negotiate. Once the need for a delay has ended, a senator may request unanimous consent to rescind the quorum call.

#### Debate

Debate, like most other matters governing the internal functioning of the Senate, is governed by internal rules adopted by the Senate. During a debate, senators may only speak if called upon by the presiding officer, but the presiding officer is required to recognize the first senator who rises to speak. Thus, the presiding officer has little control over the course of the debate. Customarily, the majority leader and minority leader are accorded priority during debates even if another senator rises first. All speeches must be addressed to the presiding officer, who is addressed as "Mr. President" or "Madam President", and not to another member; other Members must be referred to in the third person. In most cases, senators do not refer to each other by name, but by state or position, using forms such as "the senior senator from Virginia", "the gentleman from California", or "my distinguished friend the chairman of the Judiciary Committee". Senators address the Senate standing next to their desks.

Apart from rules governing civility, there are few restrictions on the content of speeches; there is no requirement that speeches pertain to the matter before the Senate.

The rules of the Senate provide that no senator may make more than two speeches on a motion or bill on the same legislative day. A legislative day begins when the Senate convenes and ends with adjournment; hence, it does not necessarily coincide with the calendar day. The length of these speeches is not limited by the rules; thus, in most cases, senators may speak for as long as they please. Often, the Senate adopts unanimous consent agreements imposing time limits. In other cases (for example, for the budget process), limits are imposed by statute. However, the right to unlimited debate is generally preserved.

Within the United States, the Senate is sometimes referred to as "world's greatest deliberative body".

#### Filibuster and cloture

Main articles: Filibuster in the United States Senate and Reconciliation (United States Congress)

See also: Clay pigeon floor procedure

The filibuster is a tactic used to defeat bills and motions by prolonging debate indefinitely. A filibuster may entail long speeches, dilatory motions, and an extensive series of proposed amendments. The Senate may end a filibuster by invoking cloture. In most cases, cloture requires the support of three-fifths of the Senate; however, if the matter before the Senate involves changing the rules of the body – this includes amending provisions regarding the filibuster – a two-thirds majority is required. In current practice, the threat of filibuster is more important than its use; almost any motion that does not have the support of three-fifths of the Senate effectively fails. This means that 41 senators can make a filibuster happen. Historically, cloture has rarely been invoked because bipartisan support is usually necessary to obtain the required supermajority, so a bill that already has bipartisan support is rarely subject to threats of filibuster. However, motions for cloture have increased significantly in recent years.

If the Senate invokes cloture, the debate does not necessarily end immediately; instead, it is limited to up to 30 additional hours unless increased by another three-fifths vote. The longest filibuster speech in the Senate's history was delivered by Strom Thurmond (D-SC), who spoke for over 24 hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957.

Under certain circumstances, the Congressional Budget Act of 1974 provides for a process called "reconciliation" by which Congress can pass bills related to the budget without those bills being subject to a filibuster. This is accomplished by limiting all Senate floor debate to 20 hours.

#### Voting

When the debate concludes, the motion in question is put to a vote. The Senate often votes by voice vote. The presiding officer puts the question, and Members respond either "Yea/Aye" (in favor of the motion) or "Nay" (against the motion). The presiding officer then announces the result of the voice vote. A senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; senators respond when their name is called. Senators who were not in the chamber when their name was called may still cast a vote so long as the voting remains open. The vote is closed at the discretion of the presiding officer, but must remain open for a minimum of 15 minutes. A majority of those voting determines whether the motion carries. If the vote is tied, the vice president, if present, is entitled to cast a tie-breaking vote. If the vice president is not present, the motion fails.

Filibustered bills require a three-fifths majority to overcome the cloture vote (which usually means 60 votes) and get to the normal vote where a simple majority (usually 51 votes) approves the bill. This has caused some news media to confuse the 60 votes needed to overcome a filibuster with the 51 votes needed to approve a bill, with for example *USA Today* erroneously stating "*The vote was 58–39 in favor of the provision establishing concealed carry permit reciprocity in the 48 states that have concealed weapons laws. That fell two votes short of the 60 needed to approve the measure*".

#### Closed session

Main article: Closed sessions of the United States Senate

On occasion, the Senate may go into what is called a secret or closed session. During a closed session, the chamber doors are closed, cameras are turned off, and the galleries are completely cleared of anyone not sworn to secrecy, not instructed in the rules of the closed session, or not essential to the session. Closed sessions are rare and usually held only when the Senate is discussing sensitive subject matter such as information critical to national security, private communications from the president, or deliberations during impeachment trials. A senator may call for and force a closed session if the motion is seconded by at least one other member, but an agreement usually occurs beforehand. If the Senate does not approve the release of a secret transcript, the transcript is stored in the Office of Senate Security and ultimately sent to the national archives. The proceedings remain sealed indefinitely until the Senate votes to remove the injunction of secrecy. In 1973, the House adopted a rule that all committee sessions should be open unless a majority on the committee voted for a closed session.

### Calendars

The Senate maintains a Senate Calendar and an Executive Calendar. The former identifies bills and resolutions awaiting Senate floor actions. The latter identifies executive resolutions, treaties, and nominations reported out by Senate committee(s) and awaiting Senate floor action. Both are updated each day the Senate is in session.

### Committees

Main article: United States congressional committee
Committee Room 226 in the Dirksen Senate Office Building is used for hearings by the Senate Judiciary Committee.

The Senate uses committees (and their subcommittees) for a variety of purposes, including the review of bills and the oversight of the executive branch. Formally, the whole Senate appoints committee members. In practice, however, the choice of members is made by the political parties. Generally, each party honors the preferences of individual senators, giving priority based on seniority. Each party is allocated seats on committees in proportion to its overall strength.

Most committee work is performed by 16 standing committees, each of which has jurisdiction over a field such as finance or foreign relations. Each standing committee may consider, amend, and report bills that fall under its jurisdiction. Furthermore, each standing committee considers presidential nominations to offices related to its jurisdiction. (For instance, the Judiciary Committee considers nominees for judgeships, and the Foreign Relations Committee considers nominees for positions in the Department of State.) Committees may block nominees and impede bills from reaching the floor of the Senate. Standing committees also oversee the departments and agencies of the executive branch. In discharging their duties, standing committees have the power to hold hearings and to subpoena witnesses and evidence.

The Senate also has several committees that are not considered standing committees. Such bodies are generally known as select or special committees; examples include the Select Committee on Ethics and the Special Committee on Aging. Legislation is referred to some of these committees, although the bulk of legislative work is performed by the standing committees. Committees may be established on an *ad hoc* basis for specific purposes; for instance, the Senate Watergate Committee was a special committee created to investigate the Watergate scandal. Such temporary committees cease to exist after fulfilling their tasks.

The Congress includes joint committees, which include members from both the Senate and the House of Representatives. Some joint committees oversee independent government bodies; for instance, the Joint Committee on the Library oversees the Library of Congress. Other joint committees serve to make advisory reports; for example, there exists a Joint Committee on Taxation. Bills and nominees are not referred to joint committees. Hence, the power of joint committees is considerably lower than those of standing committees.

Each Senate committee and subcommittee is led by a chair (usually a member of the majority party). Formerly, committee chairs were determined purely by seniority; as a result, several elderly senators continued to serve as chair despite severe physical infirmity or even senility. Committee chairs are elected, but, in practice, seniority is rarely bypassed. The chairs hold extensive powers: they control the committee's agenda, and so decide how much, if any, time to devote to the consideration of a bill; they act with the power of the committee in disapproving or delaying a bill or a nomination by the president; they manage on the floor of the full Senate the consideration of those bills the committee reports. This last role was particularly important in mid-century, when floor amendments were thought not to be collegial. They also have considerable influence: senators who cooperate with their committee chairs are likely to accomplish more good for their states than those who do not. The Senate rules and customs were reformed in the twentieth century, largely in the 1970s. Committee chairmen have less power and are generally more moderate and collegial in exercising it, than they were before reform. The second-highest member, the spokesperson on the committee for the minority party, is known in most cases as the ranking member.In the Select Committee on Intelligence and the Select Committee on Ethics, however, the senior minority member is known as the vice-chair.

## Criticism

Recent criticisms of the Senate's operations object to what the critics argue is obsolescence as a result of partisan paralysis and a preponderance of arcane rules.

The Senate filibuster is frequently debated. The Constitution specifies a 50% threshold to pass legislation, and some critics feel the de facto three-fifths threshold for general legislation prevents beneficial laws from passing. (The nuclear option was exercised by both parties in the 2010s to eliminate the filibuster for confirmations.) Supporters generally consider the filibuster to be an important protection for the minority views and a check against the unfettered single-party rule when the same party holds the Presidency and a majority in both the House and Senate.

Though this was an intentional part of the Connecticut Compromise, critics have described the fact that representation in the Senate is not proportional to the population as "anti-democratic" and "minority rule". Opinion columnist David Leonhardt points out that because small states are disproportionately non-Hispanic European American, African Americans have 75% of their proportionate voting power in the Senate, and Hispanic Americans have just 55%. The approximately four million Americans that have no representation in the Senate (in the District of Columbiaand U.S. territories) are heavily African and Hispanic American. Leonhardt and others advocate for admitting Washington, D.C. and Puerto Rico as states (both have more residents than the smallest existing states) to reduce this inequity.

## Senate office buildings

There are presently three Senate office buildings located along Constitution Avenue, north of the Capitol. They are the Russell Senate Office Building, the Dirksen Senate Office Building, and the Hart Senate Office Building.

## Functions

### Legislation

Further information: Act of Congress

Bills may be introduced in either chamber of Congress. However, the Constitution's Origination Clause provides that "All bills for raising Revenue shall originate in the House of Representatives".As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, when the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. The constitutional provision barring the Senate from introducing revenue bills is based on the practice of the British Parliament, in which only the House of Commons may originate such measures.

Although the Constitution gave the House the power to initiate revenue bills, in practice the Senate is equal to the House in the respect of spending. As Woodrow Wilson wrote:

The approval of both houses is required for any bill, including a revenue bill, to become law. Both Houses must pass the same version of the bill; if there are differences, they may be resolved by sending amendments back and forth or by a conference committee, which includes members of both bodies.

### Checks and balances

The Constitution provides several unique functions for the Senate that form its ability to "check and balance" the powers of other elements of the Federal Government. These include the requirement that the Senate may advise and must consent to some of the president's government appointments; also the Senate must consent to all treaties with foreign governments; it tries all impeachments, and it elects the vice president in the event no person gets a majority of the electoral votes.
The Senate has the power to try impeachments; shown above is Theodore R. Davis's drawing of the impeachment trial of President Andrew Johnson, 1868

The president can make certain appointments only with the advice and consent of the Senate. Officials whose appointments require the Senate's approval include members of the Cabinet, heads of most federal executive agencies, ambassadors, justices of the Supreme Court, and other federal judges. Under Article II, Section 2, of the Constitution, a large number of government appointments are subject to potential confirmation; however, Congress has passed legislation to authorize the appointment of many officials without the Senate's consent (usually, confirmation requirements are reserved for those officials with the most significant final decision-making authority). Typically, a nominee is the first subject to a hearing before a Senate committee. Thereafter, the nomination is considered by the full Senate. The majority of nominees are confirmed, but in a small number of cases each year, Senate committees purposely fail to act on a nomination to block it. In addition, the president sometimes withdraws nominations when they appear unlikely to be confirmed. Because of this, outright rejections of nominees on the Senate floor are infrequent (there have been only nine Cabinet nominees rejected outright in United States history).

The powers of the Senate concerning nominations are, however, subject to some constraints. For instance, the Constitution provides that the president may make an appointment during a congressional recess without the Senate's advice and consent. The recess appointment remains valid only temporarily; the office becomes vacant again at the end of the next congressional session. Nevertheless, presidents have frequently used recess appointments to circumvent the possibility that the Senate may reject the nominee. Furthermore, as the Supreme Court held in *Myers v. United States*, although the Senate's advice and consent are required for the appointment of certain executive branch officials, it is not necessary for their removal. Recess appointments have faced a significant amount of resistance and in 1960, the U.S. Senate passed a legally non-binding resolution against recess appointments.[*citation needed*]
U.S. Senate chamber c. 1873: two or three spittoons are visible by desks

The Senate also has a role in ratifying treaties. The Constitution provides that the president may only "make Treaties, provided two-thirds of the senators present concur" in order to benefit from the Senate's advice and consent and give each state an equal vote in the process. However, not all international agreements are considered treaties under US domestic law, even if they are considered treaties under international law. Congress has passed laws authorizing the president to conclude executive agreements without action by the Senate. Similarly, the president may make congressional-executive agreements with the approval of a simple majority in each House of Congress, rather than a two-thirds majority in the Senate. Neither executive agreements nor congressional-executive agreements are mentioned in the Constitution, leading some scholars such as Laurence Tribe and John Yoo to suggest that they unconstitutionally circumvent the treaty-ratification process. However, courts have upheld the validity of such agreements.

The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. If the sitting president of the United States is being tried, the chief justice of the United States presides over the trial. During an impeachment trial, senators are constitutionally required to sit on oath or affirmation. Conviction requires a two-thirds majority of the senators present. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law.

The House of Representatives has impeached sixteen officials, of whom seven were convicted (one resigned before the Senate could complete the trial). Only three presidents of the United States have ever been impeached: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021. The trials of Johnson, Clinton and both Trump trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction.

Under the Twelfth Amendment, the Senate has the power to elect the vice president if no vice-presidential candidate receives a majority of votes in the Electoral College. The Twelfth Amendment requires the Senate to choose from the two candidates with the highest numbers of electoral votes. Electoral College deadlocks are rare. The Senate has only broken a deadlock once; in 1837, it elected Richard Mentor Johnson. The House elects the president if the Electoral College deadlocks on that choice.