[ARTICLE XVII.--1913]

 

     The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote.  The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

     When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies:  Provided, that the legislature of any state may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the legislature may direct.

     This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

 

Case Notes

 

  Where plaintiffs sought declaratory relief to rectify the unconstitutional nature of Hawaii's election law, appellate court determined that a court order enjoining the general election from proceeding would not have alleviated the injury plaintiffs allegedly suffered because their claimed harm was a senate seat that was filled on a temporary basis through a mechanism that allegedly violated the state constitution, and an injunction delaying the general election would have prolonged plaintiffs' claimed injury.  Therefore, appellate court held that plaintiffs' failure to seek a preliminary injunction did not foreclose the availability of the "capable of repetition, yet evading review" exception to mootness.  However, the exception did not apply because plaintiffs did not demonstrate that expedited review would have been unavailable in a case like theirs.  881 F.3d 719 (2018).