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2 USC CHAPTER 1 - ELECTION OF SENATORS AND

REPRESENTATIVES 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

.

-HEAD-

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-MISC1-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-HEAD-

Sec. 1. Time for election of Senators

-STATUTE-

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.)

-MISC1-

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.''

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 01/06/03

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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

-STATUTE-

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.)

-COD-

CODIFICATION

R.S. Sec. 18 derived from act July 25, 1866, ch. 245, Sec. 3, 14

Stat. 244.

-SECREF-

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 01/06/03

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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

-STATUTE-

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.)

-COD-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

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Sec. 2. Omitted

-COD-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-HEAD-

Sec. 2a. Reapportionment of Representatives; time and manner;

existing decennial census figures as basis; statement by

President; duty of clerk

-STATUTE-

(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.)

-MISC1-

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.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the report required by subsec. (a) of this section is listed

on page 17), see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

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.

-SECREF-

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 01/06/03

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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

-STATUTE-

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.)

-MISC1-

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 01/06/03

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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

-STATUTE-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-HEAD-

Sec. 3, 4. Omitted

-COD-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-HEAD-

Sec. 5. Nominations for Representatives at large

-STATUTE-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

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Sec. 6. Reduction of representation

-STATUTE-

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.)

-COD-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-HEAD-

Sec. 7. Time of election

-STATUTE-

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.)

-COD-

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.

-MISC3-

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.''

Time for election of Representatives, see Const. Art. I, Sec. 4,

cl. 1.

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2 USC Sec. 8 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-HEAD-

Sec. 8. Vacancies

-STATUTE-

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 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 1 - ELECTION OF SENATORS AND REPRESENTATIVES

-HEAD-

Sec. 9. Voting for Representatives

-STATUTE-

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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