Title 2 -- The Congress


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     2 USC CHAPTER 1 - ELECTION OF SENATORS AND
                  REPRESENTATIVES                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
    .
 
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    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec.
    1. Time for election of Senators.
    1a. Election to be certified by governor.
    1b. Countersignature of certificate of election.
    2. Omitted.
    2a. Reapportionment of Representatives; time and manner; existing
      decennial census figures as basis; statement by President; duty
      of clerk.
    2b. Number of Representatives from each State in 78th and
      subsequent Congresses.
    2c. Number of Congressional Districts; number of Representatives
      from each District.
    3, 4. Omitted.
    5. Nominations for Representatives at large.
    6. Reduction of representation.
    7. Time of election.
    8. Vacancies.
    9. Voting for Representatives.
 
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     2 USC Sec. 1                                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 1. Time for election of Senators
 
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      At the regular election held in any State next preceding the
    expiration of the term for which any Senator was elected to
    represent such State in Congress, at which election a
    Representative to Congress is regularly by law to be chosen, a
    United States Senator from said State shall be elected by the
    people thereof for the term commencing on the 3d day of January
    next thereafter.
 
-SOURCE-
    (June 4, 1914, ch. 103, Sec. 1, 38 Stat. 384; June 5, 1934, ch.
    390, Sec. 3, 48 Stat. 879.)
 
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                                 AMENDMENTS
      1934 - Act June 5, 1934, substituted ''3d day of January'' for
    ''fourth day of March''.
                         CONSTITUTIONAL PROVISIONS
      The first section of Amendment XX to the Constitution provides in
    part: ''* * * the terms of Senators and Representatives (shall end)
    at noon on the 3d day of January, of the years in which such terms
    would have ended if this article had not been ratified; and the
    terms of their successors shall then begin.''
 
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                              CROSS REFERENCES
      Time for election of Senators, see Const. Art. I, Sec. 4, cl. 1.
      Vacancies in the Senate, see Const. Amend. XVII.
 
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     2 USC Sec. 1a                                               01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 1a. Election to be certified by governor
 
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      It shall be the duty of the executive of the State from which any
    Senator has been chosen to certify his election, under the seal of
    the State, to the President of the Senate of the United States.
 
-SOURCE-
    (R.S. Sec. 18.)
 
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                                CODIFICATION
      R.S. Sec. 18 derived from act July 25, 1866, ch. 245, Sec. 3, 14
    Stat. 244.
 
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                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 1b of this title.
 
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     2 USC Sec. 1b                                               01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 1b. Countersignature of certificate of election
 
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      The certificate mentioned in section 1a of this title shall be
    countersigned by the secretary of state of the State.
 
-SOURCE-
    (R.S. Sec. 19.)
 
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                                CODIFICATION
      R.S. Sec. 19 derived from act July 25, 1866, ch. 245, Sec. 3, 14
    Stat. 244.
 
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     2 USC Sec. 2                                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 2. Omitted
 
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                                CODIFICATION
      Section, act Aug. 8, 1911, ch. 5, Sec. 1, 2, 37 Stat. 13, 14,
    fixed composition of House of Representatives at 435 Members, to be
    apportioned to the States therein enumerated.  For provisions
    dealing with reapportionment of Representatives and manner of
    election, etc., see sections 2a and 2b of this title.
 
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     2 USC Sec. 2a                                               01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 2a. Reapportionment of Representatives; time and manner;
        existing decennial census figures as basis; statement by
        President; duty of clerk
 
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      (a) On the first day, or within one week thereafter, of the first
    regular session of the Eighty-second Congress and of each fifth
    Congress thereafter, the President shall transmit to the Congress a
    statement showing the whole number of persons in each State,
    excluding Indians not taxed, as ascertained under the seventeenth
    and each subsequent decennial census of the population, and the
    number of Representatives to which each State would be entitled
    under an apportionment of the then existing number of
    Representatives by the method known as the method of equal
    proportions, no State to receive less than one Member.
      (b) Each State shall be entitled, in the Eighty-third Congress
    and in each Congress thereafter until the taking effect of a
    reapportionment under this section or subsequent statute, to the
    number of Representatives shown in the statement required by
    subsection (a) of this section, no State to receive less than one
    Member. It shall be the duty of the Clerk of the House of
    Representatives, within fifteen calendar days after the receipt of
    such statement, to send to the executive of each State a
    certificate of the number of Representatives to which such State is
    entitled under this section.  In case of a vacancy in the office of
    Clerk, or of his absence or inability to discharge this duty, then
    such duty shall devolve upon the Sergeant at Arms of the House of
    Representatives.
      (c) Until a State is redistricted in the manner provided by the
    law thereof after any apportionment, the Representatives to which
    such State is entitled under such apportionment shall be elected in
    the following manner: (1) If there is no change in the number of
    Representatives, they shall be elected from the districts then
    prescribed by the law of such State, and if any of them are elected
    from the State at large they shall continue to be so elected; (2)
    if there is an increase in the number of Representatives, such
    additional Representative or Representatives shall be elected from
    the State at large and the other Representatives from the districts
    then prescribed by the law of such State; (3) if there is a
    decrease in the number of Representatives but the number of
    districts in such State is equal to such decreased number of
    Representatives, they shall be elected from the districts then
    prescribed by the law of such State; (4) if there is a decrease in
    the number of Representatives but the number of districts in such
    State is less than such number of Representatives, the number of
    Representatives by which such number of districts is exceeded shall
    be elected from the State at large and the other Representatives
    from the districts then prescribed by the law of such State; or (5)
    if there is a decrease in the number of Representatives and the
    number of districts in such State exceeds such decreased number of
    Representatives, they shall be elected from the State at large.
 
-SOURCE-
    (June 18, 1929, ch. 28, Sec. 22, 46 Stat. 26; Apr. 25, 1940, ch.
    152, 54 Stat. 162; Nov. 15, 1941, ch. 470, Sec. 1, 55 Stat. 761;
    Pub. L. 104-186, title II, Sec. 201, Aug. 20, 1996, 110 Stat.
    1724.)
 
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                                 AMENDMENTS
      1996 - Subsec. (b). Pub. L. 104-186 struck out at end ''; and in
    case of vacancies in the offices of both the Clerk and the Sergeant
    at Arms, or the absence or inability of both to act, such duty
    shall devolve upon the Doorkeeper of the House of
    Representatives''.
      1941 - Act Nov. 15, 1941, provided for reapportionment based on
    seventeenth and subsequent decennial censuses.
      1940 - Act Apr. 25, 1940, provided for reapportionment based on
    sixteenth decennial census.
                         CONSTITUTIONAL PROVISIONS
      Apportionment of Representatives among the several States, see
    Const. Art. I, Sec. 2, cl. 3, and Amend. XIV, Sec. 2.
                      TEMPORARY INCREASE IN MEMBERSHIP
      Representation of States of Alaska and Hawaii in House of
    Representatives as not affecting basis of apportionment established
    by this section, see section 9 of Pub. L. 85-508, July 7, 1958, 72
    Stat. 339, set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions, and section 8 of Pub. L. 86-3,
    Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491
    of Title 48.
 
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                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 2b, 2c of this title.
 
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     2 USC Sec. 2b                                               01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 2b. Number of Representatives from each State in 78th and
        subsequent Congresses
 
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      Each State shall be entitled, in the Seventy-eighth and in each
    Congress thereafter until the taking effect of a reapportionment
    under a subsequent statute or section 2a of this title, to the
    number of Representatives shown in the statement transmitted to the
    Congress on January 8, 1941, based upon the method known as the
    method of equal proportions, no State to receive less than one
    Member.
 
-SOURCE-
    (Nov. 15, 1941, ch. 470, Sec. 2(a), 55 Stat. 762.)
 
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                    CERTIFICATES TO EXECUTIVES OF STATES
      Section 2(b) of act Nov. 15, 1941, required Clerk of House of
    Representatives, within 15 days of Nov. 15, 1941, to send a new
    certificate of entitlement of a State to Representatives, if such a
    certificate had been sent prior to Nov. 15, 1941, under provisions
    of section 2a of this title.
 
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     2 USC Sec. 2c                                               01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 2c. Number of Congressional Districts; number of
        Representatives from each District
 
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      In each State entitled in the Ninety-first Congress or in any
    subsequent Congress thereafter to more than one Representative
    under an apportionment made pursuant to the provisions of section
    2a(a) of this title, there shall be established by law a number of
    districts equal to the number of Representatives to which such
    State is so entitled, and Representatives shall be elected only
    from districts so established, no district to elect more than one
    Representative (except that a State which is entitled to more than
    one Representative and which has in all previous elections elected
    its Representatives at Large may elect its Representatives at Large
    to the Ninety-first Congress).
 
-SOURCE-
    (Pub. L. 90-196, Dec. 14, 1967, 81 Stat. 581.)
 
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     2 USC Sec. 3, 4                                             01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 3, 4. Omitted
 
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                                CODIFICATION
      Section 3, act Aug. 8, 1911, ch. 5, Sec. 3, 37 Stat. 14, which
    related to election by districts, expired by its own limitation on
    enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 22,
    46 Stat. 21 (section 2a of this title).  It was not restated in act
    June 18, 1929, providing for reapportionment under Fifteenth
    Census, and hence it was not applicable thereto.  See Wood v.
    Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).
      Section 4, act Aug. 8, 1911, ch. 5, Sec. 4, 37 Stat. 14, which
    related to additional Representatives at large, expired by its own
    limitation on enactment of Reapportionment Act of June 18, 1929,
    ch. 28, Sec. 22, 46 Stat. 21 (section 2a of this title).  It was
    not restated in act June 18, 1929, providing for reapportionment
    under Fifteenth Census, and hence it was not applicable thereto.
    See Wood v.  Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131).
 
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     2 USC Sec. 5                                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 5. Nominations for Representatives at large
 
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      Candidates for Representative or Representatives to be elected at
    large in any State shall be nominated in the same manner as
    candidates for governor, unless otherwise provided by the laws of
    such State.
 
-SOURCE-
    (Aug. 8, 1911, ch. 5, Sec. 5, 37 Stat. 14.)
 
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     2 USC Sec. 6                                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 6. Reduction of representation
 
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      Should any State deny or abridge the right of any of the male
    inhabitants thereof, being twenty-one years of age, and citizens of
    the United States, to vote at any election named in the amendment
    to the Constitution, article 14, section 2, except for
    participation in the rebellion or other crime, the number of
    Representatives apportioned to such State shall be reduced in the
    proportion which the number of such male citizens shall have to the
    whole number of male citizens twenty-one years of age in such
    State.
 
-SOURCE-
    (R.S. Sec. 22.)
 
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                                CODIFICATION
      R.S. Sec. 22 derived from act Feb. 2, 1872, ch. 11, Sec. 6, 17
    Stat. 29.
 
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     2 USC Sec. 7                                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 7. Time of election
 
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      The Tuesday next after the 1st Monday in November, in every even
    numbered year, is established as the day for the election, in each
    of the States and Territories of the United States, of
    Representatives and Delegates to the Congress commencing on the 3d
    day of January next thereafter.
 
-SOURCE-
    (R.S. Sec. 25; Mar. 3, 1875, ch. 130, Sec. 6, 18 Stat. 400; June 5,
    1934, ch. 390, Sec. 2, 48 Stat. 879.)
 
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                                CODIFICATION
      R.S. Sec. 25 derived from act Feb. 2, 1872, ch. 11, Sec. 3, 17
    Stat. 28.
      The second sentence of this section, which was based on section 6
    of the act Mar. 3, 1875 and made this section inapplicable to any
    State that had not yet changed its day of election and whose
    constitution required an amendment to change the day of election of
    its State officers, was omitted.
 
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                                 AMENDMENTS
      1934 - Act June 5, 1934, substituted ''3d day of January'' for
    ''fourth day of March''.
                         CONSTITUTIONAL PROVISIONS
      The first section of Amendment XX to the Constitution provides:
    ''The terms of Senators and Representatives (shall end) at noon on
    the 3d day of January, of the years in which such terms would have
    ended if this article had not been ratified; and the terms of their
    successors shall then begin.''
 
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                              CROSS REFERENCES
      Time for election of Representatives, see Const. Art. I, Sec. 4,
    cl. 1.
 
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     2 USC Sec. 8                                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 8. Vacancies
 
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      The time for holding elections in any State, District, or
    Territory for a Representative or Delegate to fill a vacancy,
    whether such vacancy is caused by a failure to elect at the time
    prescribed by law, or by the death, resignation, or incapacity of a
    person elected, may be prescribed by the laws of the several States
    and Territories respectively.
 
-SOURCE-
    (R.S. Sec. 26.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 26 derived from act Feb. 2, 1872, ch. 11, Sec. 4, 17
    Stat. 28.
 
-MISC3-
                         CONSTITUTIONAL PROVISIONS
      Vacancies in the House of Representatives, see Const. Art. I,
    Sec. 2, cl. 4.
 
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     2 USC Sec. 9                                                01/05/99
 
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    TITLE 2 - THE CONGRESS
    CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES
 
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    Sec. 9. Voting for Representatives
 
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      All votes for Representatives in Congress must be by written or
    printed ballot, or voting machine the use of which has been duly
    authorized by the State law; and all votes received or recorded
    contrary to this section shall be of no effect.
 
-SOURCE-
    (R.S. Sec. 27; Feb. 14, 1899, ch. 154, 30 Stat. 836.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 27 derived from acts Feb. 28, 1871, ch. 99, Sec. 19, 16
    Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192.


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