"For the purpose of securing the attendance of members a call of the Senate may be ordered at any time, but such call shall not be in order after the voting on any question has begun nor after the third reading of a bill has been completed, nor after the motion to close debate has been ordered pursuant to rule 33, unless it shall appear upon an actual count by the President that a quorum is not present."Senate rule 49: ELECTION OF UNITED STATES SENATORS. The following law has been enacted by Congress in reference to the time and mode of choosing United States Senators. CHAPTER 245. AN ACT to regulate the times and manner of holding elections for Senators in Congress. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled: 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 the following manner. Each House shall openly, by a viva voce vote 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 the proceedings as required by this act, the joint assembly shall then proceed to chose, 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. SECTION 2. And be it further enacted, That whenever, on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed, on the second Tuesday after the commencement and organization of the 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. SECTION 3. And be it further enacted, 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 President of the Senate of the United States, which certificate shall be countersigned by the Secretary of State of the State. Approved July 25, 1866. Under the law of Congress, as above, the Legislature last elected preceding the expiration of the term of a Senator in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator. On that day each House acts separately. In the case of a failure of either House to effect a nomination by the requisite majority of all members present, it can continue to ballot until a nomination is made, or abandon the effort in the first ballot. But the failure of either House to make a nomination does not delay or put off the joint session to compare the work of the two Houses. On this point the law of Congress is imperative. On the following day (or second Wednesday after the organization), at twelve o'clock, meridian, the two Houses must convene in joint assembly, and the action of each House the day previous is then and there read to the joint convention. If the two Houses fail to agree in their nominations, the joint assembly shall proceed to choose a Senator by viva voce vote. In the event of a failure to elect on the first day, the two Houses must meet in joint session on each succeeding day of the session, and take at least one vote on each day until an election is accomplished. Until an election is secured, the final adjournment of the Legislature is the only way that the daily joint session can be arrested. The form of proceedings in joint session will be found under the head of proceedings in joint meeting of the two Houses. INDEX TO CROSWELL'S MANUAL. PAGE. ABSENTEEISM- - without leave or reasonable excuse- punish- the process by which delinquents are called able at discretion to account...... ADJOURNMENT - its effect on pending business, as compared with that of a recess.................................... .... 241 238 238 THE MOTION TO ADJOURN-its precedence over all other privileged questions- the only restrictions on it............ 203, 240 ADMISSIONS TO THE FLOOR- the restrictions on this privilege in both Houses...... ... 254 AMENDMENTS- to what extent they are admissible beyond other privileged questions- the doctrine of, illustrated. AMENDMENTS BETWEEN THE TWO HOUSES - how far subject to the general rule governing amendments. AMENDMENTS TO THE CONSTITUTION the form of proceeding thereon as compared with other joint resolutions... ....... 270 APPEALS from the decisions of the presiding officer, in the House and in committee of the whole - the form of the question - the Chair to vote thereon - when, and when only, they can be taken or entertained..... ASSEMBLY, the House of its opening proceedings and organization who presides until the election of a Speaker-who only can participate therein..... ....... 222 198 • 199 ........ 250 ITS STANDING COMMITTEES.... BILLS-how originated, and how only - how disposed of, whether introduced by individual members or committees ........... 214 INTRODUCTION OF ................................ THE PRINTING OF BILLS-the rules on this subject............ 270 LOST BILLS-whether rejected in either House, or failing by reason of a disagreement between the two Houses - how only they can be revived.............. 249 |