[Deschler's Precedents, Volume 2]
[Chapter 8. Elections and Election Campaigns]
[Index to Precedents]
[From the U.S. Government Printing Office, www.gpo.gov]
[Page 827-833]
CHAPTER 8
Elections and Election Campaigns
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Commentary and editing by Peter D. Robinson, J.D.
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A. Apportionment; Voting Districts
Sec. 1. In General; Functions of Congress and the States
Sec. 2. Census and Apportionment; Numerical Allocation of
Representatives
Sec. 3. Districting Requirements; Duty of States
Sec. 4. Failure of States to Redistrict
B. Time, Place, and Regulation of Elections
Sec. 5. In General; Federal and State Power
Sec. 6. Elector Qualifications; Registration
Sec. 7. Time and Place; Procedure
Sec. 8. Ballots; Recounts
Sec. 9. Elections to Fill Vacancies
C. Campaign Practices
Sec. 10. Regulation and Enforcement
Sec. 11. Campaign Practices and Contested Elections
Sec. 12. Expulsion, Exclusion, and Censure
Sec. 13. Investigations by Standing Committees
Sec. 14. Investigations by Select Committees
D. Certificates of Election
Sec. 15. In General; Form
Sec. 16. Grounds for Challenge
Sec. 17. Procedure in Determining Validity; Effect
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DESCHLER'S PRECEDENTS
INDEX TO PRECEDENTS
Apportionment
directory and not mandatory following census, Sec. 1.2
legislation considered in Committee of the Whole, Sec. 2.5
method of, by equal proportions, Sec. 2.6
method of, by major fractions, Sec. 2.6
motion to consider legislation not privileged, Sec. 2.4
reduction of seats for denial of voting rights, Sec. Sec. 2.7, 2.8
Ballots
impoundment of, by Congress, Sec. Sec. 8.9, 8.10
validity of, Sec. 8.11
Campaign practices
acts and regulations
Clerk's role under Election Campaign Act, Sec. Sec. 10.6, 10.7
committee jurisdiction, Sec. Sec. 10.2-10.5
Committee on Standards of Official Conduct and its
jurisdiction, Sec. 10.5
contested elections
Corrupt Practices Act affecting validity of elections,
Sec. Sec. 11.1 et seq.
expenditures, reports and limitations, Sec. Sec. 11.1 et seq.
disciplinary action
censure for corrupt practices, Sec. Sec. 12.3, 12.4
exclusion for corrupt practices, Sec. 12.2
expulsion for corrupt practices, Sec. 12.1
investigations by select committees
former select committee on standards and conduct, Sec. 14.9
select committee to investigate campaign expenditures, creation
of, Sec. Sec. 14.1-14.3
Senate select committees on campaign practices,
Sec. Sec. 14.10-14.12
use of select committee findings to judge elections,
Sec. Sec. 14.4-14.8
investigations by standing committees
Committee on Elections, former, Sec. 13.3
Committee on House Administration, Sec. Sec. 13.2, 13.4, 13.5
Committee on Standards of Official Conduct, Sec. 13.6
Senate investigation into election of House Member, Sec. 13.7
Census
additional statistics taken, Sec. 2.1
Congress' authority over, Sec. Sec. 1.1, 2.1
Indians included in, Sec. Sec. 1.1, 2.3
submission of results by President, Sec. 2.2
Certificates of election
Delegates and Resident Commissioner, Sec. Sec. 15.6, 15.7
issuance of by state executive, Sec. Sec. 15.1 15.4
oath administration where certificate delayed, Sec. 15.5
return of to state by Senate, Sec. 9.14
Senate practice, Sec. Sec. 15.8, 15.9
Certificates of election, challenges to
impeachment by ``citizens' certificate,'' Sec. 16.5
impeachment by collateral matters, Sec. Sec. 16.6, 16.7
impeachment by court order, Sec. Sec. 16.3, 16.4
impeachment by other papers and evidence, Sec. 16.2
irregular form, Sec. 16.1
Certificates of election, validity of
jurisdiction of House, Sec. Sec. 17.1, 17.2
nullification of certificate, Sec. Sec. 17.3, 17.4
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reliance on state communications absent certificate, Sec. 17.5
Clerk of House
authorized to investigate violations, Sec. 10.10
authorized to obtain counsel, Sec. 10.8
ex officio member of Federal Election Commission, Sec. 10.11
role under election campaign statutes Sec. Sec. 10.6-10.11
Committee jurisdiction (see also Campaign practices)
Committee on House Administration, validity of elections,
Sec. Sec. 5.2, 6.3, 8.5
Committee on Judiciary, congressional districting, Sec. 3.2
Committee on Judiciary, constitutional amendments, Sec. 6.8
committees on elections, Sec. 8.11
former census committee, Sec. 2.6
select committees on campaign expenditures, election
irregularities, Sec. 8.3
Committee of the Whole
consideration of redistricting and apportionment legislation in,
Sec. Sec. 2.5, 3.4
Congressional districting
absence of judicial standards, Sec. 3.2
congressional power over, Sec. Sec. 1.3, 3.1-3.3
consideration of, in Committee of the Whole, Sec. Sec. 3.4
consideration under special rules, Sec. 3.5
former federal standards, Sec. 3.1
jurisdiction of Committee on Judiciary, Sec. 3.2
single-member districts, Sec. 3.3
unequal representation in primary, Sec. 3.7
Constitution
article I, Sec. 2, clause 1 (elector qualifications), Sec. 6.7
article I, Sec. 2, clause 3 (census), Sec. Sec. 2.1-2.3
article I, Sec. 2, clause 4 (elections to fill vacancies), Sec. 9.4
article I, Sec. 4, clause 1 (congressional state authority over
elections), Sec. Sec. 1.3. 3.1, 3.3, 7.1, 9.7
article I, Sec. 5, clause 1 (House judge of elections and returns),
Sec. Sec. 5.2, 5.4, 17.1
article II, Sec. 2, clause 2 (appointments clause), Sec. 10.11
24th amendment (poll tax prohibited), Sec. 6.9
Federal Election Commission
composition, Sec. 10.11
regulations, congressional disapproval of, Sec. 10.12
Illegal control of election machinery, Sec. 7.8
Judiciary
power of courts over congressional elections, Sec. Sec. 5.1-5.3,
7.2, 8.1 8.4, 9.8, 15.2, 15.3, 16.3, 16.4
requiring congressional districting, Sec. 3.2
Poll officials, conduct of, Sec. Sec. 7.6, 8.11
Poll tax requirements, Sec. Sec. 6.6-6.9
President
transmits census results and apportionment formula to Congress,
Sec. Sec. 1.1, 2.2
Primary elections, Sec. Sec. 7.2-7.5
Recounts
congressional deference to state recount law, Sec. Sec. 8.2-8.4
congressional power over state recount, Sec. Sec. 8.6, 8.7
congressional recount, Sec. 8.5
power of states, Sec. 8.1
procurement of ballots by Congress, Sec. Sec. 8.9. 8.10
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Resignations effective on unspecified future date. Sec. Sec. 9.3, 9.4
Senate
amendment abolishing poll tax, Sec. 6.9
appointees to fill vacancies, Sec. Sec. 9.14-9.16
certificates of election, Sec. Sec. 15.8, 17.6
disciplinary action for corrupt practices, Sec. Sec. 12.1-12.3
exclusion proceedings based on conspiracy to prevent voter
participation, Sec. 6.5
expulsion proceedings based on illegal control of election
procedure, Sec. 7.8
impoundment of ballot boxes, Sec. 8.10
investigations into campaign practices, Sec. Sec. 14.10-14.12
Speaker
appointments to former Federal Election Commission, Sec. 10.11
declined to administer oath, Sec. 9.8
granted authority to notify state of vacancy in House, Sec. 9.2
notified by Clerk of receipt of certificates of election to fill
vacancy, Sec. 9.11
submits constitutional questions to House, Sec. 1.2
submits validity of certificates to House, Sec. 17.1
States
application of state law over special elections, Sec. Sec. 9.7, 9.8
campaign practices acts, effect of, on validity of elections,
Sec. 11.4
denial of voting rights by alleged action of, Sec. Sec. 5.6, 5.7
duty to call elections to fill vacancies, Sec. Sec. 9.4-9.6
informal communications to House where certificate delayed,
Sec. 17.5
issuance of certificate of election, Sec. Sec. 15.1-15.4
jurisdiction over election procedure in general, Sec. Sec. 5.1-5.3
laws regulating primaries, Sec. Sec. 7.2-7.4
notification and declaration of vacancies, Sec. Sec. 9.1-9.6
poll officials, conduct of, Sec. Sec. 7.6, 8.11
recount by, Sec. Sec. 8.1, 8.2
residency requirements for electors, Sec. Sec. 6.10, 6.11
voter registration laws, Sec. Sec. 6.1, 6.2
voting facilities, Sec. 7.7
Territories and seat of government
certificates of election for Delegates and Resident Commissioner,
Sec. Sec. 15.6, 15.7
territory, power over elections, Sec. 5.5
Time and place of election
state authority to prescribe, Sec. 7.1
Vacancies, elections to fill
certificate of election, Sec. Sec. 9.11-9.13
congressional and state power over special elections,
Sec. Sec. 9.7, 9.8
reelection of Representative to succeed himself, Sec. 9.10
resignations effective on date of special election, Sec. Sec. 9.3,
9.4
Senate, appointees to fill vacancies in, Sec. Sec. 9.14-9.16, 15.9
state duty to call special election, Sec. Sec. 9.4-9.6
Vacancies, notification of, Sec. Sec. 9.1, 9.2
Vacancies, proposals to fill by appointment, Sec. 9.9
Voter registration and qualifications
challenges to seats for denial of voting rights, Sec. Sec. 6.3-6.5
federal protection of voting rights, Sec. 6.12
poll tax requirements, Sec. Sec. 6.6-6.9
residency requirements, Sec. Sec. 6.10, 6.11
state action denying voting rights, Sec. Sec. 5.6, 5.7
violation of state registration laws, Sec. Sec. 6.1, 6.2
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Voting facilities, Sec. 7.7
Voting rights legislation, Sec. Sec. 2.8, 5.3, 6.12
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Elections and Election Campaigns