When the Qualifications Must Be Possessed

A question much disputed but now seemingly settled is whether a condition of eligibility must exist at the time of the election or whether it is sufficient that eligibility exist when the Member-elect presents himself to take the oath of office. Although the language of the clause expressly makes residency in the state a condition at the time of election, it now appears established in congressional practice that the age and citizenship qualifications need only be met when the Member-elect is to be sworn.313 Thus, persons elected to either the House of Representatives or the Senate before attaining the required age or term of citizenship have been admitted as soon as they became qualified.314

Footnotes

313
See S. REP. NO. 904, 74th Congress, 1st sess. (1935), reprinted in 79 CONG. REC. 9651–9653 (1935). [Back to text]
314
1 HINDS ’ PRECEDENTS OF THE HOUSE OF REPRESENTATIVES § 418 (1907); 79 CONG. REC. 9841–9842 (1935); cf. HINDS ’ PRECEDENTS, supra § 429. [Back to text]