The U.S. Constitution gives each house of Congress the power to be the judge of the "elections, returns, and qualifications of its members." Since 1789, the Senate has closely guarded this prerogative, and has developed its own procedures for judging the qualifications of its members in contested elections.
Originally, senators were elected by the state legislatures. The Seventeenth Amendment to the Constitution, ratified in 1913, established direct popular election of senators. Under both the new and the old system, the Constitution permits state governors to make temporary appointments to fill Senate vacancies.
Election disputes reviewed by the Senate have fallen into several general categories. During the sectional conflicts prior to the Civil War, and in the war's aftermath as former Confederate states rejoined the Union, questions arose regarding the state legislatures' legal authority to elect. Later in the 19th century and into the early 20th century, corrupt use of money in elections became an issue. Since 1913, campaign expenditures, demands for recounts in close elections, and complaints of election irregularities or fraud have constituted the dominant issues.
Note: After 1913 senators are elected by direct popular vote.
Election Year | State | Contestants | Date Resolved | Result |
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