§ 1. Time for election of Senators. At the regular election held in any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the 3d day of January next thereafter. (June 4, 1914, ch. 103, § 1, 38 Stat. 384; June 5, 1934, ch. 390, § 3, 48 Stat. 879.) CONSTITUTIONAL PROVISIONS The first section of Amendment XX to the Constitution provides in part: "* the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin." CROSS REFERENCES Time for election of Senators, see Const. Art. I, § 4, cl. 1. Vacancies in the Senate, see Const. Amend. XVII. § la. Election to be certified by governor. It shall be the duty of the executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States. (R. S. § 18.) DERIVATION Act July 25, 1866, ch. 245, § 3, 14 Stat. 244. § 1b. Same; countersignature by secretary of state. The certificate mentioned in section la of this title shall be countersigned by the secretary of state of the State. (R. S. § 19.) DERIVATION Act July 25, 1866, ch. 245, § 3, 14 Stat. 244. § 2. Number and apportionment of Representatives. CODIFICATION Subject matter of this section, act Aug. 8, 1911, ch. 5, §§ 1, 2, 37 Stat. 13, 14, is substantially covered by provisions of section 2a of this title. § 2a. Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk. (a) On the first day, or within one week thereafter, of the first regular session of the Eightysecond Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member. (b) Each State shall be entitled, in the Eightythird Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inability of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives. (c) Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number Page 9 of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large. (June 18, 1929, ch. 28, § 22, 46 Stat. 26; Apr. 25, 1940, ch. 152, §§ 1, 2, 54 Stat. 162; Nov. 15, 1941, ch. 470, § 1, 55 Stat. 761.) AMENDMENTS 1941-Act Nov. 15, 1941, amended section to provide for reapportionment based upon the seventeenth and subsequent decennial censuses. 1940-Act Apr. 25, 1940, amended section to provide for reapportionment based upon the sixteenth decennial census. CONSTITUTIONAL PROVISIONS Apportionment of Representatives among the several States, see U. S. Const., Art. I, § 2, cl. 3, and Amend. XIV, $ 2. § 2b. Number of Representatives from each State in 78th and subsequent Congresses. Each State shall be entitled, in the Seventyeighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or section 2a of this title, to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member. (Nov. 15, 1941, ch. 470, § 2 (a), 55 Stat. 762.) CERTIFICATES TO EXECUTIVES OF STATES Section 2 (b) of act Nov. 15, 1941, provided that: "If before the enactment of this Act [this section] a certificate has been sent to the executive of any State under the provisions of such section 22 (section 2a of this title), as in force before the enactment of this Act, the Clerk of the House of Representatives shall, within fifteen calendar days after the date of enactment of this Act, send a new certificate to such executive stating the number of Representatives to which such State is entitled under this section." § 3. Election by districts. CODIFICATION Section, act Aug. 8, 1911, ch. 5, § 3. 37 Stat. 14, expired by its own limitation upon the enactment of the Reapportionment Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under the Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U. S. 1, 77 L. Ed. 131). § 4. Additional Representatives at large. CODIFICATION Section, act Aug. 8, 1911, ch. 5, § 4, 37 Stat. 14, expired by its own limitation upon the enactment of the Reap portionment Act of June 18, 1929, ch. 28, § 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under the Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U. S. 1, 77 L. Ed 131). § 5. Nominations for Representatives at large. Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for governor, unless otherwise provided by the laws of such State. (Aug. 8, 1911, ch. 5, § 5, 37 Stat. 14.) § 6. Reduction of representation. Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State. (R. S. § 22.) DERIVATION Act Feb. 2, 1872, ch. 11, § 6, 17 Stat. 29. § 7. Time of election. The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter. This section shall not apply to any State that has not yet changed its day of election, and whose constitution must be amended in order to effect a change in the day of the election of State officers in said State. (R. S. § 25; Mar. 3, 1875, ch. 130, § 6, 18 Stat. 400; June 5, 1934, ch. 390, § 2, 48 Stat. 879.) DERIVATION Act Feb. 2, 1872, ch. 11, § 3, 17 Stat. 28. 1934 Act June 5, 1934, amended section, substituting "3d day of January” for “fourth day of March". CONSTITUTIONAL PROVISIONS The first section of Amendment XX to the Constitution provides: "The terms of Senators and Representatives [shall end at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin." CROSS REFERENCES Time for election of Representatives, see Const. Art. I, § 4, cl. 1. § 8. Vacancies. The time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively. (R. S. § 26.) DERIVATION Act Feb. 2, 1872, ch. 11, § 4, 17 Stat. 28. CONSTITUTIONAL PROVISIONS Vacancies in the House of Representatives, see Const. Art. I, § 2, cl. 4. § 22. Oath of President of Senate. When a President of the Senate has not taken the oath of office, it shall be administered to him by any Member of the Senate. (R. S. § 29.) DERIVATION Act June 1, 1789, ch. 1, § 2, 1 Stat. 23. § 23. Presiding officer of Senate may administer oaths. The presiding officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or may be required by the Constitution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the jurisdiction of the Senate. (Apr. 18, 1876, ch. 66, 1, 19 Stat. 34.) § 24. Secretary of Senate or Chief Clerk may administer oaths. The Secretary of the Senate, and the Chief Clerk thereof, shall, respectively, have power to administer any oath or affirmation required by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it. (Apr. 18, 1876, ch. 66, § 2, 19 Stat. 34.) § 25. Oath of Speaker, Members, and Delegates. At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members and Delegates present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats. The Clerk of the House of Representatives of the Eightieth and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law. Members and Delegates of the House of Representatives of the Eightieth Congress may subscribe and deliver the two signed copies of the printed oath of office at their convenience, at any time before the expiration of the Eightieth Congress. (R. S. § 30; Feb. 18, 1948, ch. 53, 62 Stat. 20.) DERIVATION Act June 1, 1789, ch. 1, § 2, 1 Stat. 28. 1948-Act Feb. 18, 1948, amended section by adding last two paragraphs to provide a way by which any Member of the House of Representatives can establish by record evidence the fact that he took the oath of office and so became a member. § 26. Roll of Representatives-elect. Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Representatives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the United States. In case of a vacancy in the office of Clerk of the House of Representatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the preparation of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant at Arms of the next preceding House of Representatives. In case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Doorkeeper of the next preceding House of Representatives. (R. S. §§ 31-33.) DERIVATION R. S. § 31 from acts Feb. 21, 1867, ch. 56, § 1, 14 Stat. 397 and Mar. 3, 1863, ch. 108, 12 Stat. 804. R. S. §§ 32 and 33 from act Feb. 21, 1867, ch. 56, § 2, 14 Stat. 397. CODIFICATION R. S. 31 constitutes first sentence; R. S. § 32 constitutes second sentence, and R. S. § 33 constitutes the third sentence. § 27. Change of place of meeting. Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper. (R. S. § 34.) 42c. 42d. 43. 43a. 43b. 44. 45. 46. Airmail and special-delivery stamps for House mem- Airmail and special-delivery stamps for House Reimbursement of Senators for transportation ex- Mileage allowance to Delegate from Alaska. Mileage allowance to Resident Commissioner from 46a. Stationery allowance for Senators. 46b-1. Revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances. 46b-2. Prorated stationery allowance for Representatives, Delegates, and Resident Commissioner. Long-distance telephone calls for Senators; made to and from Washington, D. C. 46c. 48. 49. 50. 51. 52. 53. Monuments to deceased Senators or Members of House. Office space for Senator in home States. Payment of official office expenses of Senators incurred in home States. § 31. Compensation of Members of Congress. The compensation of Senators, Representatives in Congress, Delegates from the Territories, and the Resident Commissioner from Puerto Rico shall be at the rate of $22,500 per annum each; and the compensation of the Speaker of the House of Representatives shall be at the rate of $35,000 per annum. (Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158; Mar. 24, 1934, ch. 84, § 7, 48 Stat. 460; Aug. 2, 1946, ch. 753, title VI, § 601 (a), 60 Stat. 850; Jan. 19, 1949, ch. 2, § 1 (d), 63 Stat. 4; Mar. 2, 1955, ch. 9, § 4 (a), 69 Stat. 11.) AMENDMENTS 1955-Act Mar. 2, 1955, amended section by increasing the salaries of the Senators, Representatives, Delegates, and the Resident Commissioner from $12,500 a year to $22,500 and the compensation of the Speaker of the House of Representatives from $30,000 to $35,000 a year. 1949-Act Jan. 19, 1949, amended section by increasing the Speaker's salary from $20,000 per year to $30,000. 1946-Act Aug. 2, 1946, amended section by increasing salary of the Speaker from $15,000 to $20,000 per annum, and salaries of the Senators, Representatives, Delegates, and Resident Commissioner from $10,000 to $12,500 per annum. EFFECTIVE DATE OF 1955 AMENDMENT Section 5 of act Mar. 2, 1955, provided that the provisions of that act amending this section, section 104 of Title 3, The President, sections 293, 294, and 295a of Title 5, Executive Departments and Government Officers and Employees, section 7443 (c) of Title 26, Internal Revenue Code of 1954, sections 5, 44 (d), 135, 173, 213, 252 and 508 of Title 28, Judiciary and Judicial Procedure, section 101 of Title 48, Territories and Insular Possessions, and section 654 (a) (1) of Title 50, War and National Defense, should take effect Mar. 1, 1955. EFFECTIVE DATE OF 1949 AMENDMENT Amendment of section by act Jan. 19, 1949, as effective at noon on Jan. 20, 1949, see note under section 102 of Title 3, The President. EFFECTIVE DATE OF 1946 AMENDMENT Section 601 (a) of act Aug. 2, 1946, provided in part that the increase in salary provided by act Aug. 2, 1946, should be effective as of Jan. 3, 1947. COMMISSION ON JUDICIAL AND CONGRESSIONAL SALARIES Act Aug. 7, 1953, ch. 353, 67 Stat. 485, which established a Commission to determine appropriate rates of salaries for justices and judges of the courts of the United States and for the Vice President, the Speaker of the House of Representatives, and Members of Congress, in order to provide fair and reasonable compensation to such officials, was omitted since the Commission was required to report its findings on or before January 15, 1954, whereupon the Commission was to terminate. CROSS REFERENCES Expense allowance of Speaker of House of Representatives, see section 31b of this title. Retirement pay, see chapter 30 of Title 5, Executive Department and Government Officers and Employees. § 31a. Repealed. Mar. 2, 1955, ch. 9, § 4 (b), 69 Stat. 11, eff. Mar. 1, 1955. Section, acts Aug. 2, 1946, ch. 753, title VI, § 601 (b), 60 Stat. 850; Oct. 20, 1951, ch. 521, title VI, § 619 (d), 65 |