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§ 90. “When the Vacancy is Notified.”

When a casual vacancy happens in the representation of a State in the Senate, it is the duty of the President to notify the occurrence of such vacancy to the Governor of the State interested. If the President is absent from the Commonwealth at the time it is the duty of the Governor-General to notify the vacancy. (Sec. 21.) The happening of this vacancy should, no doubt, be promptly notified by the Federal to the State authorities, so as to enable the latter to take steps at once to fill it. Until the receipt of the statutory notification, that cannot be done; hence a delay in the notification would delay a choice by the State legislature or an appointment by the State Executive to fill the place until the election of a successor. It is a principle of the Constitution that the representation of States in the Senate should be maintained, as far as possible, with unbroken continuity, and that no State should be, for any time longer than absolutely necessary, short in its representation and consequently deficient in its political strength in the Council of States.

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