HM 215

1
House Memorial
2A memorial to the Congress of the United States, urging
3Congress to adopt and submit to the states for
4ratification an amendment to the Constitution of the
5United States to provide that no person shall serve as a
6United States Senator from a state unless the person has
7been elected by the people of that state and that, when
8vacancies occur in the representation of any state in the
9United States Senate, the executive authority of the state
10shall issue writs of election to fill the vacancies.
11
12     WHEREAS, in 1789, after the Constitution of the United
13States was ratified and Congress met for the first time, members
14of the United States Senate were not elected by the popular vote
15of the people but were chosen by the members of each state's
16legislature, and
17     WHEREAS, in 1913, the ratification of the 17th Amendment to
18the Constitution of the United States provided for the direct
19election of members to the United States Senate and further gave
20each state the option of filling vacancies in such office by
21direct election or by a temporary appointment of the governor,
22and
23     WHEREAS, since 1913, there have been at least 186 men and
24women appointed to fill vacancies in the United States Senate
25with 5 of those appointments occurring after the 2008 general
26election, and
27     WHEREAS, no vacancy may be filled in the United States
28House of Representatives by gubernatorial appointment, but each
29person seeking such office must be elected by the voters of that
30state to the office, and
31     WHEREAS, in order to have a government that is
32representative of the people and responsive to the people, the
33practice of allowing gubernatorial appointments to fill
34vacancies in the United States Senate must end, NOW, THEREFORE,
35
36Be It Resolved by the Legislature of the State of Florida:
37
38     That the Congress of the United States is requested to
39adopt and submit to the states for ratification an amendment to
40the Constitution of the United States which contains the
41following provisions:
42     1.  No person shall be a Senator from a State unless such
43person has been elected by the people thereof. When vacancies
44happen in the representation of any State in the Senate, the
45executive authority of such State shall issue writs of election
46to fill such vacancies.
47     2.  This amendment shall not be so construed as to affect
48the election or term of any Senator chosen before it becomes
49valid as a part of the Constitution.
50     BE IT FURTHER RESOLVED that copies of this memorial be
51dispatched to the President of the United States, to the
52President of the United States Senate, to the Speaker of the
53United States House of Representatives, and to each member of
54the Florida delegation to the United States Congress.


CODING: Words stricken are deletions; words underlined are additions.