Chapter CCXLV. *to regulate the Times and Manner of holding Elections for Senators in Congress.*July 25, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, What legislatures of States, and when to elect senators in Congress
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CHAP. CCXLV.— An Act *to regulate the Times and Manner of holding Elections for Senators in Congress.*July 25, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, What legislatures of States, and when to elect senators in Congress.That the legislature of each State which shall be chosen next preceding the expiration of the time for which any senator was elected to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in Congress, in the place of such senator so going out of office, in theMode of election. following manner:
Each house shall openly, by a viva voce of each member present, name one person for senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve 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 shall have received a majority of all the votes in each house, such person shall be declared duly elected senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint assembly shall then proceed to choose, by a viva voce vote of each member present a person for the purpose aforesaid, and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o’clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote until a senator shall be elected.
Sec. 2. *And be it further enacted*, Proceedings to elect a senator to fill a vacancy.That whenever, on the meeting of the legislature of any State, a vacancy shall exist in the representation of such State in the estate of the United States, said legislature shall pro-244 THIRTY-NINTH CONGRESS. Sess. I. Ch. 245, 246. 1866.ceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner herein-before provided for the election of a senator for a full term; and if a vacancy shall happen during the session of the legislature, then on the second Tuesday after the legislature shall have been organized and shall have notice of such vacancy.
Sec. 3. *And be it further enacted*, Certificate of election of senator to be certified to the president of the senate.That it shall be the duty of the governor of the State from which any senator shall have been chosen as aforesaid to certify his election, under the seal of the State, to the Presi dent of the senate of the United States, which certificate shall be counter signed by the secretary of state of the State. Approved, July 25, 1866.