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§ 142. “Disqualification.”

Section 44 enumerates different kinds of status which, while they continue, render “any person” incapable of being chosen or of sitting as a senator or a member. That is to say, the continuance of the disqualifying status makes a “person” incapable of becoming or being a senator or a member.

If a disqualified person is declared duly elected, he is nevertheless not chosen within the meaning of the Constitution, and accordingly is not a senator or a member. He is forbidden to sit as a senator or a member, and is liable to a penalty if he does so sit. This section does not, like the next section, declare that “his place shall become vacant,” because he is incapable of having a place. The proper course for the House, upon proof of the disqualification, is either (1) to declare the candidate next on the poll duly elected, or (2) to declare that the seat is vacant—not that “his place is become vacant”—and require another election.

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