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§ 89. “Election of a Successor.”

The choice of a person, by the Houses of Parliament of a State, to take the place of a senator who has ceased to act, is not regarded by the Constitution as the election of a successor; it is merely a provisional arrangement to save the expense of a special State election. The time for the triennial election of senators might be close at hand, in which case the vacancy would be filled without any appreciable additional expense. If, however, the usual triennial election of senators is preceded by a general election of members of the House of Representatives, an equally convenient and prompter method of filling the extraordinary vacancy is available. The legislative selection is only operative until the expiration of the term or the election of a successor, whichever first happens; it is merely an ad interim appointment, in order to save the State from being short of a senator, on the one hand, and to save the State the cost of a special election, on the other; the legislative appointee is not a successor of the deceased, disqualified, or resigned, senator, but merely a temporary holder of the office, pending the election of a successor by the people of the State.




  ― 437 ―

Triennial senatorial elections are held at times partly determined by the Constitution, and partly by the State legislatures. Those times are determined by the Constitution, to the extent that triennial senatorial elections to fill places to become vacant must be held during the last year of the term of service; sec. 13. The exact date, within that year, of such elections, is not fixed by the Constitution. The Parliament of each State is empowered to make laws determining the times of elections of senators for the State; sec. 9. The only restriction on the State power is the one above quoted.

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