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Bismarck, Burleigh County, North Dakota
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North Dakota attorneys debate whether ratification of the 17th Amendment requires a special legislative session before January 1915 or a special election to elect Senator Gronna's successor, as state laws haven't been updated. Governor Hanna may call a session to conform to popular vote for senators.
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MAY HOLD AN EXTRA SESSION
Ratification of Amendment for Senators Causes Many Changes
The ratification of the amendment to the constitution of the United States providing for the election of senators by popular vote is held by some attorneys to necessitate either a special session of the legislature between now and the regular session in January, 1915, or a special election afterwards. On the other hand, certain attorneys contend neither will be required. At the time of the adjournment of the last legislative session a sufficient number of states had not ratified the new plan to elect senators by popular vote, so no change was made in the state laws to conform to the new amendment. Senator Gronna's term expires in March, 1915, and his election or that of his successor would naturally occur at the general election in 1914. Unless a special legislative session is held between now and that time there is no provision for this, and some attorneys contend a special election would have to follow action by the succeeding legislature. It is insisted that a special election would cost the state a great deal more than a special brief legislative session and that Governor Hanna should call the solons together some time within the next year to change the state law to conform to the new amendment to the U. S. constitution. This state has a primary election method of selecting candidates for the U. S. senate. There is a free for all at the June primaries and if no candidate receives a majority vote the two highest of each party run again at the general election. It is contended this procedure could be followed in 1914 and that after the 1915 legislature had made the provision the governor could be authorized to appoint the man receiving the highest vote as senator to fill the vacancy. In any event there will be ample time for agitation of the matter and for calling the special session, as there would be no necessity for one before this coming winter, at least. In the meantime, conditions might require some legislation along other lines and the call could embrace that as well as the senatorial matter, should Governor Hanna decide to have the legislators reassemble.
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North Dakota
Event Date
1914 1915
Story Details
Debate over updating state laws for the 17th Amendment's popular election of senators; Senator Gronna's term ends March 1915; options include special legislative session or election, with calls for Governor Hanna to act.