Number: R40105
Title: Authority of the Senate to Exclude and Not Seat a Senator-Elect or Senator-Designate
Authors: Jack Maskell, Legislative Attorney 
Abstract: This report is intended to provide a legal analysis of the authority to exclude, that is, to refuse by majority vote to seat, a Senator-elect or Senator-designate who presents credentials from the proper officials of a state. The questions arise in the context of both a contested Senate election, as well as an appointment by a governor to fill a Senate vacancy. This report discusses and analyzes the constitutional and legal issues regarding Senate authority in this area.
Pages: 6
Date: January 5, 2009