The U.S. Constitution gives each house of Congress the power to be the judge of the "elections, returns, and qualifications of its members." Since 1789 the Senate has closely guarded this prerogative and has developed procedures for judging the qualifications of its members in contested elections.
The Senate may conduct an investigation when a losing candidate presents a petition challenging the conduct or outcome of an election, or when a sitting senator introduces a resolution to contest an election. The contest may relate to the actual conduct of the election (such as vote counts or electoral irregularities) or electoral misconduct by the candidates or their supporters. When such a petition or resolution is offered, the Senate may accept the election credentials of a senator-elect and choose to seat him or her without prejudice. If a subsequent investigation indicates no wrongdoing, the senator remains in office. If the investigation determines that the election challenge is supported by the evidence, the senator could be excluded from the Senate by a simple majority vote. Most, but not all, of these cases are referred to a committee to review the case and make a recommendation to the full Senate.
The table below presents a selection of contested Senate election cases. Election disputes reviewed by the Senate fall into several general categories. During the sectional conflicts prior to the Civil War, and in the war's aftermath as former Confederate states regained representation in the U.S. Congress, questions arose regarding the state legislatures' legal authority to elect. Later in the 19th century and into the early 20th century, corruption in campaign financing became an issue. Since ratification of the Seventeenth Amendment in 1913, establishing direct popular election of senators, most contested elections have been linked to campaign expenditures, demands for recounts in close elections, or complaints of election irregularities or fraud.
Note: After 1913 senators are elected by direct popular vote.
Election Year | State | Contestants | Date Resolved | Result |
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