If January 1 is a Monday, legislators assume office on the first Wednesday. Nebraska legislators assume office the first Wednesday after the first Monday in January. New Jersey GA , S. New Jersey legislators assume office at noon on the second Tuesday in January following the election. New Mexico H , S. New Mexico legislators assume office on the first day of January after a general election.
New York A , S. New York legislators assume office the first day of January after a general election. North Carolina H , S. North Carolina legislators assume office on January 1 the year after their election. Ohio H , S. Ohio legislators assume office the first day of January after a general election. Oregon H , S. Oregon legislators assume office the second Monday in January following the election.
Rhode Island H , S. Rhode Island legislators assume office the first Tuesday in January. South Dakota H , S. South Dakota legislators assume office the second Tuesday in January after the general election. Texas H , S. Texas legislators assume office at the beginning of the legislative session, which starts at noon on the second Tuesday in January in the year after the election.
Utah H , S. Utah legislators assume office the first day in January. Vermont H , S. Vermont legislators assume office the first Wednesday after the first Monday in January after the election. Virginia H , S. Virginia legislators assume office the second Wednesday in January after the election.
Washington H , S. Washington legislators assume office the second Monday of January. Wisconsin A , S. Wisconsin legislators assume office the first Monday in January following the election, unless the first Monday of January falls on January 1 or 2.
In those cases, legislators assume office on January 3. Wyoming H , S. Wyoming legislators assume office the first Monday in January in odd-numbered years. Alabama H , S. Members of the House of Representatives serve two-year terms and are considered for reelection every even year.
How many members of Congress come from each state? Each state sends two Senators to represent their state in the U. For example, smaller states like Vermont and Delaware have one representative while large states like California have 53 representatives.
Currently, the Michigan Congressional Delegation is composed of 14 representatives in the House and two Senators in the U. How many people do congressmen and senators represent? Members of the U.
House of Representatives each represent a portion of their state known as a Congressional District, which averages , people. Senators however, represent the entire state. How do the House and Senate chambers differ? In the House of Representatives, the majority party holds significant power to draft chamber rules and schedule bills to reach the floor for debate and voting.
When no appointments have been made the salaries of Senators elected to fill such vacancies shall commence on the day following their election. In sum, if the Senate is in session, a Senator-elect chosen at a special election to fill an unexpired Senate term previously filled by a gubernatorial appointee may present himself or herself to take the oath of office and be seated when credentials in proper form are received by the Senate i.
In some instances, a state may choose not to hold a special election to fill the remainder of the term of a Senator who had died, resigned, or otherwise left office before the normal expiration of that term. The decision not to hold a special election may be because the remainder of that particular Senate term involves only a potential "short session" after the regular November elections, often referred to as a "lame duck" session of the Congress, and the state decided not to hold a special election for the expiring term concurrently with a general election for a new six-year term beginning in the next Congress on January 3 of the new year.
A state could choose to hold two elections on the same day the day of the regularly scheduled general election for the two separate terms; one election would be the special election to fill the remainder of the unexpired term from November until January 3, and the other the general election to fill the new six-year term beginning at noon on January 3.
Putting aside the issue of whether a state is required to hold a special election at some time to fill the remainder of an unexpired term under the language of the Seventeenth Amendment, 19 it is clear that if no special election were held to fill the remainder of the term, the appointed Senator if one had been appointed by the governor under the provisions of the Seventeenth Amendment and state law continues in office for the remainder of that term until its expiration on January 3 in the new year at which time the next six-year term begins.
In the Senate found that despite a state law that purported to allow the Senator-elect chosen for a new six-year term to also be seated in the current "lame duck" session of Congress, such Senator-elect would not be seated by the Senate since the state's statutory scheme was contrary to the Constitution. In the State of Minnesota had in its statutes a provision which by its terms attempted to vary the practice set out in the17th Amendment to the Constitution with regard to the filling of vacancies in the representation of any State in the Senate.
The17th Amendment states that, "The people fill their vacancies by election. The precedents of the Senate show that the Senate has refused to allow any State by statute, executive order, or otherwise to vary the procedure for the election of Senators or to set the time or date for their service to begin. The 17 th Amendment empowered the executive authority to make a temporary appointment to fill a vacancy and it empowered the legislature to enact a law providing for the people to fill the vacancy by election.
The Minnesota statute stated that a single election would be for two separate and distinct purposes:. The people of Minnesota may not be empowered by their legislature to elect United States Senators for terms greater than that authorized by the Constitution. An election was held in Minnesota for the full six year term. No election was held for the unexpired short term of two months between Election Day and January 3, In the Minnesota case involving the Anderson seat there were two separate terms of office to be filled and the State attempted to combine them which would allow a Senator to be elected for more than six years, in violation of the Constitution.
This attempt was not permitted and Senator Anderson continued to serve until he voluntarily resigned in December If the Senator appointed to fill the remainder of the term expiring on January 3 resigns prior to that time or if no one had been appointed to fill the vacancy , then the governor could appoint some qualified individual, including the winner of the regular November general election, to fill the reminder of the unexpired term.
Smiley v. Holm, U. Brown, U. Fortson, U. Carter, U. Roudebush v. Hartke, U. County Commissioners, U. Section 1.
Section 2. No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments.
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