Territorial Representation in the Senate Act

H.R. 5526 · 116th Congress · Dec 19, 2019 · Lineage

A BILL

To provide for a nonvoting delegate to the Senate to represent American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States, and for other purposes.

1. Short title

This Act may be cited as the “Territorial Representation in the Senate Act”.

2. Delegate to Senate from each Territory

Each Territory shall be represented in the United States Congress by a Delegate to the United States Senate. The Delegate shall be a nonvoting Delegate in the Senate, elected as provided in this Act.

3. Election of delegate

(a)

Electors and time of election— The Delegate for a Territory shall be elected—

(1)

by the people qualified to vote for the popularly elected officials of the Territory;

(2)

at the first Federal general election occurring at least one year after the date of the enactment of this Act and at each Federal general election every 6 years thereafter; and

(3)

at a special election, if required due to a mid-term permanent vacancy.

(b)

Manner of election—

(1)

In general— The Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate.

(2)

Effect of establishment of primary elections— Notwithstanding paragraph (1), if the Government of the Territory, acting pursuant to legislation enacted in accordance with the Constitution of the Territory, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held.

(c)

Vacancy— In case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified.

(d)

Commencement of term— The term of the Delegate shall commence on the 3d day of January following the date of the election.

4. Qualifications for office of delegate

To be eligible for the office of Delegate a candidate shall—

(1)

be at least 30 years of age on the date of the election;

(2)

have been a citizen of the United States for at least 9 years prior to the date of the election;

(3)

be a resident and domiciliary of the Territory prior to the date of the election for a period to be determined by the Government of the Territory;

(4)

be qualified to vote in the Territory on the date of the election; and

(5)

not be, on the date of the election, a candidate for any other office.

5. Determination of election procedure

Acting pursuant to legislation enacted in accordance with the Constitution of the Territory, the Government of the Territory may determine—

(1)

the order of names on the ballot for election of Delegate;

(2)

the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted;

(3)

the method by which ties between candidates for the office of Delegate shall be resolved; and

(4)

all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this Act.

6. Compensation, privileges, and immunities

Until the Rules of the Senate are amended to provide otherwise, the Delegate from the Territory shall receive the same compensation, allowances, and benefits as a Member of the Senate, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other member of the Senate, except that a Delegate shall be nonvoting on final Senate votes.

7. Definition

For purposes of this Act, the term Territory means, individually, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.