The Evolution Of Senator Elections: Popular Vote Law

The popular vote for senators became law in 1913 with the ratification of the Seventeenth Amendment to the United States Constitution. The amendment established the direct election of senators by the people of each state, replacing the previous system where senators were elected by state legislatures. The Seventeenth Amendment was the result of increasing dissatisfaction with the original method of electing senators, which was prone to corruption, electoral deadlocks, and the influence of special interest groups. The amendment also altered the procedure for filling Senate vacancies, allowing state governors to make temporary appointments until a special election could be held.

The Seventeenth Amendment

Critics of state legislatures appointing senators grew louder in the post-Civil War era. Between 1857 and 1900, three elections were investigated by Congress for corruption. Wealthier and more influential candidates could easily bribe state legislatures to appoint them in exchange for favours. Another issue was electoral deadlock, where state legislatures failed to agree on the selection of senators.

Calls for a constitutional amendment regarding Senate elections began in the early 19th century, with Henry R. Storrs proposing an amendment for popular election in 1826. By the 1890s, support for direct election had increased significantly, and reformers worked on two fronts: the Populist Party incorporated direct election into its Omaha Platform in 1892, and Oregon became the first state to conduct senatorial elections by popular vote in 1908.

In 1910 and 1911, the House passed proposed amendments for the direct election of senators, but they included a "race rider" meant to bar federal intervention in cases of racial discrimination among voters. A substitute amendment by Senator Joseph L. Bristow of Kansas removed the "race rider," and the amended joint resolution became the Seventeenth Amendment on April 8, 1913.

Direct election of senators

The direct election of senators, or the popular election of senators, was established in the United States with the Seventeenth Amendment to the United States Constitution. The amendment was proposed by the 62nd Congress in 1912 and became part of the Constitution on April 8, 1913, after ratification by three-quarters (36) of the state legislatures.

The Seventeenth Amendment superseded Article I, Section 3, Clauses 1 and 2 of the Constitution, which originally outlined that senators were to be elected by state legislatures. Each state, regardless of size, is entitled to two senators as part of the Connecticut Compromise between small and large states. This was described as an uncontroversial decision at the time, with James Wilson being the sole advocate for the popular election of senators. The original method of electing senators reassured anti-federalists that there would be protection against the federal government's overreach and a check on its power.

The direct election of senators came about due to increasing popular dissatisfaction with the original method of electing senators. As the franchise became more accessible, the belief became widespread that senators should be popularly elected, just like representatives. This idea was fostered by mounting evidence of the disadvantages and malpractices of legislative selection, such as deadlocks within legislatures resulting in long-term vacancies, the influencing of legislative selection by corrupt organisations and special interest groups, and the neglect of other duties by legislators due to protracted electoral contests.

In the late 19th and early 20th centuries, calls for reform in senatorial elections increased in volume and popularity. The Populist Party's Omaha Platform in 1892 called for the direct election of senators, and Oregon became the first state to conduct senatorial elections by popular vote in 1908. In 1910 and 1911, the House passed proposed amendments for the direct election of senators, and in 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution. This resolution soon gained support from other senators, and in 1912, 29 states elected senators either as nominees of their party's primary or in a general election.

The Seventeenth Amendment altered the process of electing senators and changed how vacancies would be filled. It provided for the election of senators by replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". Additionally, it allows the governor or executive authority of each state, if authorised by their state's legislature, to appoint a senator in the event of a vacancy until a general election occurs.

State legislature appointments

The original method of electing senators in the United States was for state legislatures to choose their senators in Congress. This was a key tenet of the Constitution, created out of compromise. James Madison, one of the primary authors of the Constitution, asserted that this method would give states a sense of authority and legitimacy in selecting their federal government representatives.

However, this system of state legislature appointments led to numerous problems, including legislative corruption and electoral deadlocks. Wealthy and influential candidates could bribe state legislatures to appoint them in exchange for favours. In the mid-1850s, a vacant Senate seat in Indiana went unfilled for two years due to a deadlock between the Democratic Party in the southern half of the state and the new Republican Party in the northern half.

Electoral deadlocks were also caused by disputes among state legislators over Senate elections, leaving some Senate seats vacant for long periods of time. In 1895, the Delaware legislature reached a stalemate, taking 217 ballots over 114 days. As a result, Delaware remained without representation in the U.S. Senate for two years.

Legislative corruption was another issue. Between 1857 and 1900, the Senate investigated three elections over corruption. In 1900, William A. Clark had his election voided after the Senate concluded that he had bought votes in the Montana legislature.

In light of these problems, reformers in many states began calling for a change to the system of electing senators. Oregon, for example, enacted a number of measures in the early 20th century allowing voters to express their choice for senator. This became known as the "Oregon Plan" and other states followed with their own versions of election reform.

In 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution, and it soon gained support from other senators. Following Senate passage of the amendment in June 1911, Bristow's resolution moved to the House of Representatives, which approved it, and then to the states for ratification.

On April 8, 1913, the Seventeenth Amendment was ratified, and it was certified on May 31. The amendment restates the first paragraph of Article I, Section 3 of the Constitution, providing for the election of senators by replacing the phrase "chosen by the Legislature thereof" with "elected by the people thereof". This marked a significant shift in the way senators were elected, moving from state legislature appointments to direct election by the voting public.

Calls for reform

In the post-Civil War era, criticisms of the state legislatures appointing senators increased. Between 1857 and 1900, three elections were subjected to Congressional investigations on the grounds of corruption. Wealthier and more influential candidates could easily bribe the legislatures to appoint them in exchange for favours. Another issue was electoral deadlock, where state legislatures failed to agree on the selection of senators, leaving some Senate seats vacant for long periods. The Indiana legislature, for instance, had a vacant senate seat for two years in the mid-1850s due to a partisan deadlock.

In the late 19th and early 20th centuries, proposed amendments to reform senatorial elections increased in volume and popularity. The Populist Party's Omaha Platform in 1892 called for the direct election of senators, and Oregon became the first state to conduct its senatorial elections by popular vote in 1908.

In 1906, publisher William Randolph Hearst, a proponent of direct election, hired novelist David Graham Phillips to write a series of articles on the subject. Phillips' series, "The Treason of the Senate," offered an unsympathetic account of senators as pawns of industrialists and financiers, further galvanising public support for reform.

In 1910 and 1911, the House passed proposed amendments for the direct election of senators, and in 1911, Senator Joseph Bristow of Kansas offered a Senate resolution to amend the Constitution. By 1912, as many as 29 states elected U.S. senators either as nominees of their party's primary or in a general election. These popularly elected senators became outspoken proponents for a direct election process.

The Oregon Plan

In 1908, Oregon passed the first law basing the selection of US senators on a popular vote. This was a significant development as, originally, under Article I, Section 3, Clauses 1 and 2 of the US Constitution, each state legislature elected its state's senators for a six-year term.

Oregon's move towards popular vote was part of a wider trend. By 1908, ten states already had non-binding primaries for Senate candidates, in which the candidates would be voted on by the public, effectively serving as advisory referendums instructing state legislatures on how to vote.

The move towards popular vote was driven by two primary concerns with the original system. Firstly, there was a perception of legislative corruption, with a sense that senatorial elections were "bought and sold", changing hands for favors and sums of money rather than because of the competence of the candidate. Secondly, the original system led to electoral deadlocks, with some states unable to agree and thus delaying sending senators to Congress, or in some cases, not sending them at all.

Oregon's pioneering law was soon followed by Nebraska, and in 1912, the Seventeenth Amendment to the United States Constitution was proposed by the 62nd Congress. This amendment established the direct election of United States senators in each state and became part of the Constitution on April 8, 1913, after ratification by three-quarters (36) of the state legislatures.

Oregon's role in this process should not be understated. In 1910, 31 state legislatures had passed resolutions calling for a constitutional amendment allowing direct election, and Oregon was one of them. Oregon was also one of the first states to ratify the Seventeenth Amendment, doing so on January 23, 1913.

Oregon's commitment to the popular vote was further demonstrated in 2019 when Governor Kate Brown signed the National Popular Vote bill (SB 870), becoming the 16th jurisdiction to enact this legislation. This bill was approved by a bipartisan vote of 17-12 in the Oregon Senate and a vote of 37-22 in the Oregon House of Representatives.

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