Note 168 — E. CONFEDERATION AND CONSTITUTION (continued 2)

A law of 1872 requires all Representatives to be chosen on "the Tuesday next after the first Monday in November" in each even-numbered year; and a law of 1871 had already ordered that all such elections should be by ballot. An Act of 1866 provided a uniform method of electing Senators: the legislation of each state (in which such an election is to be made) to vote first in separate Houses, and, if no one candidate received a majority in each House, then thereafter in joint session, taking at least one ballot daily until some candidate received a majority, or until the legislative session came to an end without an election. Forty-seven years later (1913), this law was superseded by the Seventeenth Amendment.