Seventeenth Amendment: Popular election of senators

Before 1913, state legislatures picked U.S. senators. The Seventeenth Amendment gave that choice to the voters. Anyone who can vote for the state Assembly can vote for Senate, and a governor can fill a vacancy temporarily if state law allows it. California law allows it, and Williams handles a vacant council seat with a similar appoint-or-elect choice.

The text

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Source: National Archives transcription Verified1

Clause by clause

• "Two Senators from each State, elected by the people thereof, for six years." Equal representation per state and six-year terms are unchanged from the original Constitution. Only the electors changed Verified1.
• Who votes. "The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures" Verified1. California's own rule is short: "A United States citizen 18 years of age and resident in this State may vote" (Art. II, §2) Verified4.
• Vacancies. The governor must "issue writs of election to fill such vacancies," but "the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct" Verified1.
• No effect on sitting senators. The amendment did not cut short the term of anyone chosen before it took effect Verified1.

History

Under Article I, §3, senators were "chosen by the Legislature thereof" Verified5. By the early 1900s, critics pointed to "deadlocks within legislatures resulting in vacancies remaining unfilled for substantial intervals" and to "the influencing of legislative selection by corrupt political organizations and special interest groups through purchase of legislative seats" Verified6.

States worked around the system before it formally changed. They set up primaries so voters could "designate their preference for one of several party candidates for a senatorial seat and state legislatures generally elected the winning candidate" Verified6. By 1912, "at least twenty-nine states were nominating Senators on a popular basis," so legislatures had little more discretion than "that retained by presidential electors" Verified6. The amendment made popular election mandatory everywhere.

How courts read it

• Race and Senate primaries. A federal appeals court held that Georgia party officials who barred a Black citizen from a Senate primary violated the Seventeenth Amendment (Chapman v. King, 1946; the Supreme Court declined review) Verified6.
• No extra qualifications. States can't add their own qualifications for Congress, such as term limits. In the Court's words, a state-by-state "patchwork" would be "inconsistent with the Framers' vision of a uniform National Legislature representing the people of the United States" (U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995)) Verified7.
• Equal districts. Wesberry v. Sanders applied one person, one vote to U.S. House districts (Wesberry v. Sanders, 376 U.S. 1 (1964)) Verified8. Senate seats are statewide, so every California voter's Senate vote counts the same.

In Williams

• Voting for Senate. Williams voters elect California's senators in statewide elections run locally by the Colusa County elections office Verified9.
• If a Senate seat opens. The Governor "may appoint and commission an elector of this state who possesses the qualifications for the office to temporarily fill the vacancy until a person is elected at a statewide general election" (Elections Code §10720) Verified2.
• If a council seat opens. The City Council faces the same appoint-or-elect choice. It "shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy" (Gov. Code §36512) Verified3. An appointee usually serves only until the next general municipal election, depending on timing Verified3.

Our reading: at both levels the law accepts a short-term appointment to keep the seat filled, then sends the choice back to voters. If a council vacancy comes up, the agenda item and public comment are your chance to weigh in. See how to comment.

Common misconceptions

• "Senators have always been popularly elected." Legislatures chose them until 1913 Verified5,1.
• "The governor always picks a replacement senator." Only if the state legislature allows it; otherwise the seat waits for an election Verified1.
• "Senate voters need special qualifications." The test is the same as for the state Assembly Verified1.
• "A vacant council seat stays empty until the next election." The council must act within 60 days, by appointment or by calling a special election Verified3.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.