Story of the Session of the California Legislature of 1909Hichborn, Franklin
History
Story of the Session of the California Legislature of 1909
Hichborn, Franklin
California -- Politics and government
The Federal laws provide that United States Senators shall be elected by
the Legislature. But in States where Direct Primary laws have been
adopted, provisions have been made by which the names of candidates for
the United States Senate are placed on the primary ballot the same as
the name of any other candidate for a State office. The same Direct
Primary laws give candidates for the Legislature opportunity to pledge
themselves to accept The People's decision, and as members of the
Legislature to cast their votes for such candidate for the United States
Senate as The People may have named.
The Legislature is thus made to abide by The People's will in electing
United States Senators, precisely as the Electoral College is made to
abide by The People's will in the election of the President.
To be sure, no candidate for the Legislature need take the pledge if he
does not care to do so, but it is recognized that where it is possible
for the voter to express a choice for United States Senator, the
legislative candidate who fails to pledge himself to respect The
People's choice would stand slim chances of election.
The Direct Primary law adopted by Oregon[35b] represents the highest
development of the plan for popular selection of United States Senators.
In that State the candidate for the United States Senate is nominated
the same as any other candidate, the names of each successful primary
nominee going on the regular ballot the same as that of any candidate
for State office.
The Senatorial candidate who receives the highest number of votes is
not, of course, elected to the United States Senate, but candidates to
the Legislature are given opportunity to pledge themselves to respect
the wishes of the voters and elect to the Senate the candidate who is
thus endorsed. The Legislative candidate may sign such a pledge, or he
may sign a statement that he will regard the popular vote for United
States Senator as merely advisory and not binding.
But it is noticeable that in Oregon and other States where such
wholesome direct primary measures have become laws the legislative
candidate signs the pledge to abide by the mandate of the electors.
Unquestionably The People of California expected some such provision in
the California Direct Primary law. Unfortunately, however, Senator
Wright, who had charge of the bill, is not at all in sympathy with the
Oregon plan. It is claimed that the framers of the bill were as little
in sympathy with the Oregon plan as Senator Wright himself. At any rate,
the bill, as a sort of compromise, gave the electors opportunity to
express their choice for United States Senator within party lines. The
candidate for the Legislature was to be given opportunity to pledge
himself to abide, not by the selection of the electors of the State, but
by the selection of the electors of his party[36].
Public-domain text, read in full here on John Shaqi.
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