Method of election of senators. Times and places.
9. The Parliament of the Commonwealth may make laws prescribing the method of choosing senators77, but so that the method shall be uniform for all the States78. Subject to any such law, the Parliament of each State may make laws prescribing the method of choosing the senators for that State.
The Parliament of a State may make laws for determining the times and places of elections of senators79 for the State.
UNITED STATES.—The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the place of choosing senators.—Const., Art. 1, Sec. iv., subs. 1.HISTORICAL NOTE.—Clause 10, Chap. 1., of the Commonwealth Bill of 1891 was as follows:—
“The Parliament of the Commonwealth may make laws prescribing a uniform manner of choosing the senators. Subject to such laws, if any, the Parliament of each State may determine the time, place, and manner of choosing the senators for that State by the Houses of Parliament thereof.” (Conv. Deb., Syd. [1891], p. 599.)
At the Adelaide session, 1897, the same clause was adopted with the omission of the words “by the Houses of Parliament thereof.” In Committee, Mr. Deakin suggested “method” as preferable to “manner,” but no amendment was moved. (Conv. Deb., Adel., pp. 672-4.)
At the Sydney session, a suggestion by both the Houses of the Parliament of Tasmania, to leave the manner of choosing senators to the States altogether, was negatived. A suggestion by the Legislative Assembly of Victoria, to insert “the times, places, and” before “a uniform manner,” in order to enable the Federal Parliament to legislate as to the times and places of elections, was agreed to. (Conv. Deb., Syd. [1897], pp. 987-8.)
At the Melbourne session, after the fourth report, the clause was altered to its present shape, the determination of times and places being again left to the States. In Committee, Mr. Symon pointed out that this was an alteration in substance; but no amendment was moved. (Conv. Deb., Melb., pp. 2445-7.)