A resolution to establish rules of procedures and practice in the Senate for resolving contested elections for the office of U.S. Senator.

Summary

Adopts the following rules of procedure and practice for resolving contested elections for the office of the United States Senator: (1) the Senate shall seat the candidate holding the last certificate of election which is valid on its face; (2) when an individual has been properly certified as elected, the returns are presumed to be correct; (3) in contesting the election to the Senate of an individual properly certified as elected, in accordance with the rules of the Senate, the individuals contesting the election must allege with particularity the grounds for the contest and such allegations must justify the relief sought; (4) an election shall not be declared void on grounds of fraud, irregularity, or mistake in the conduct of the election, unless the party contesting the election proves by clear and convincing evidence facts sufficient to render a determination of the outcome impossible; (5) requires the contesting party to prove by clear and convincing evidence facts sufficient to change the results of the election in favor of such candidate before he shall be seated; and (6) in determining the matters in contest, the Senate shall apply the election law of the State of contest.

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1 official file

• Introduced in Senate

  summary · EN · 7 April 1976

  Open at official source

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