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Martha McSally Should Not Be in the Senate| The Atlantic A lawsuit aims to resolve the loophole in the Seventeenth Amendment that allowed her appointment. Source: Martha McSally Should Not Be in the Senate
The Seventeenth Amendment to the U.S. Constitution was formally adopted on May 31, 1913, establishing direct election of United States senators by popular vote. Previously, senators were elected by state legislatures.
The Delaware General Assembly elected its final senator when it sent Willard Saulsbury, Jr. to the U.S. Senate in 1913. This newspaper clipping describes the Assembly's "deadlock" over the election and the "wild scene" that broke out after Saulsbury received a majority of votes.
When Saulsbury ran for re-election in 1918, he lost the popular vote in Delaware to L. Heisler Ball.
From the Willard Saulsbury, Jr., papers at the University of Delaware Library, Newark, DE