Amendment 17 of 27 · 1913
Seventeenth Amendment
Electing senators
The one-line version
Voters in each state elect their two U.S. senators directly. Before 1913, state lawmakers chose them.
The Seventeenth Amendment in plain English
The U.S. Senate has two senators from each state, elected by the people of that state for six-year terms. Each senator has one vote. The voters who elect senators must meet the same qualifications required to vote for the larger house of their state legislature.
When a Senate seat becomes vacant, the state's governor calls a special election to fill it. State legislatures may also authorize their governors to make temporary appointments until a special election can be held.
This amendment does not affect senators who were already in office when it was ratified.
Original text, 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 appointments 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.
Phrase by phrase
two Senators from each State, elected by the people thereof, for six years
- Each state has two senators, elected by the state's voters for six-year terms.
The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
- Anyone who can vote for the larger house of your state legislature can vote for U.S. senator.
the executive authority of such State shall issue writs of election to fill such vacancies
- When a Senate seat opens up, the governor calls an election to fill it.
the legislature of any State may empower the executive thereof to make temporary appointments
- A state can let its governor appoint someone to serve until that election.
Picture it
Example. Not legal advice.
You vote in a year when one of your state's Senate seats is up. The Senate race is right there on your ballot. Before 1913, you would not have had that choice, because state lawmakers made it. If a senator dies or resigns, many states let the governor appoint a temporary replacement until voters choose.
Myth check
MythVoters have always elected U.S. senators.
FactFor the first 124 years, state legislatures chose senators. Voters have elected them directly only since 1913.
Common questions
What does the 17th Amendment say in simple terms?
Voters in each state elect their two U.S. senators directly, for six-year terms. Before 1913, state legislatures chose senators. The amendment also explains how to fill a Senate seat that opens up.
How were senators chosen before the 17th Amendment?
State legislatures chose them. The original Constitution set up this system in Article I. Some seats were won by bribing lawmakers, and others stayed empty when lawmakers could not agree.
What happens when a senator dies or resigns?
The governor calls a special election to fill the seat. A state legislature can also let the governor appoint someone to serve until that election. The 17th Amendment allows both, and rules differ by state.
When was the 17th Amendment ratified?
April 8, 1913. It came about two months after the 16th Amendment, during a period of reform. Many states had already held unofficial popular votes for senator before then.
Go deeper
The scene · 1913
Before 1913, state lawmakers picked U.S. senators. Some seats were won by bribing lawmakers. Other seats stayed empty for months or even years when lawmakers could not agree. Reformers pushed for voters to choose senators directly, and the Seventeenth Amendment was ratified in 1913.
Back then
The original Constitution had state legislatures choose senators. The idea was to give state governments a direct voice in Washington. By the early 1900s, many states already held unofficial popular votes and had lawmakers follow the result. The amendment made direct election the rule everywhere.
Words that changed
- “writs of election”
ThenOfficial orders to hold an election.
NowSame meaning. Today we would say the governor calls a special election.
More history and context
The Seventeenth Amendment was ratified on April 8, 1913, about two months after the Sixteenth. Before it, state legislatures chose U.S. senators. The original Constitution set up this system to give state governments a direct voice in Washington.
By the late 1800s, the system had serious problems. Some seats were won by bribing state lawmakers. Some legislatures could not agree, so seats stayed empty for long periods. Many people also argued that senators should answer directly to voters.
Several states had already started holding unofficial popular votes for senator. Their legislatures then chose the winner. The Seventeenth Amendment made direct election by voters the rule in every state.
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