What the 17th Amendment Says in Simple Terms
The 17th Amendment says the voters of each state elect that state’s two U.S. senators. Before it, state legislatures chose them. It was ratified on April 8, 1913, and it changed one phrase in Article I of the Constitution: "chosen by the Legislature thereof" became "elected by the people thereof" (U.S. Senate).
Key facts
- The House passed it 297 to 15 in 1911, and its final vote, 238 to 39 on May 13, 1912, sent it to the states (VoteView).
- Connecticut was the 36th of 48 states to ratify, on April 8, 1913 (Constitution Annotated).
- By 1912, as many as 29 states already let voters pick senators through primaries or general elections (U.S. Senate).
- In 4 states today, a vacant Senate seat stays empty until an election (NCSL).
The amendment has three paragraphs (National Archives). The first sets the rule: "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."
The second covers vacancies: "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." The third kept senators already in office in their seats until their terms ended.
In plain words, it does three things:
- Voters elect senators. Anyone who can vote for the larger house of their state legislature can vote for U.S. senator.
- Vacancies go to the voters too. When a seat opens, the governor calls an election. The legislature can let the governor appoint someone to serve until then.
- Nothing else about the Senate changed. Each state still has two senators, each serves six years, and each has one vote.
How Senators Were Chosen Before 1913
Until 1913, state legislatures elected U.S. senators. The original Article I, section 3 said senators were “chosen by the Legislature” of each state (Cornell LII). State lawmakers cast ballots, and the winner went to Washington. Voters had a say only through the legislators they elected.
Choosing a U.S. senator, before and after the 17th Amendment
Source: U.S. Constitution, Article I, section 3, and the 17th Amendment (Constitution Annotated); U.S. Senate Historical Office
The framers left the House to the voters and gave the Senate to the legislatures. The Senate Historical Office notes that direct election “was not what the framers of the U.S. Constitution had in mind.” Over the 1800s, their design ran into trouble in the statehouses.
Why the 17th Amendment Was Created
Legislatures deadlocked, and seats went empty. After the Civil War, disputes among state lawmakers led to “numerous deadlocks, leaving some Senate seats vacant for long periods of time,” the Senate Historical Office says. In 1895, Delaware’s legislature took 217 ballots over 114 days without choosing anyone, and the state went 2 years without full representation (U.S. Senate).
States started working around the system. Oregon passed measures that let voters state their choice for senator, and other states copied this “Oregon Plan.” By 1912, as many as 29 states elected their senators either as party primary nominees or in a general election (U.S. Senate).
Public pressure built after 1906, when Cosmopolitan ran "The Treason of the Senate" by David Graham Phillips. The Senate Historical Office calls the series unsympathetic and “largely fictionalized,” but it spread the case for reform. Resolutions for direct election had appeared in Congress as early as 1826, 87 years before the amendment was ratified.
- Early House resolutions
- Delaware deadlock
- "The Treason of the Senate"
- House and Senate pass it
- House accepts the Senate text
- Ratified
- First senator elected under it
- Every Senate race goes to voters
From legislatures to voters: 1826: Early House resolutions (Resolutions for popular election of senators appear; none succeeds.). 1895: Delaware deadlock (217 ballots over 114 days.). 1906: "The Treason of the Senate" (Magazine series builds public pressure.). 1911: House and Senate pass it (House 297 to 15 in April; Senate 64 to 24 in June, with Sen. Joseph Bristow's text.). 1912: House accepts the Senate text (238 to 39 on May 13, sending it to the states.). 1913: Ratified (Connecticut is the 36th state, April 8.). 1913: First senator elected under it (Augustus Bacon of Georgia, July 15.). 1914: Every Senate race goes to voters (The first year all Senate elections were held by popular vote.).
How the 17th Amendment Passed Congress
Both chambers cleared the two-thirds bar, but agreeing on one text took 13 months. The measure was House Joint Resolution 39, sponsored by Rep. William Rucker of Missouri. The House passed it 297 to 15 on April 13, 1911 (VoteView).
The Senate swapped in a text offered by Senator Joseph Bristow of Kansas, adopting it on a 44-44 tie broken by the presiding officer, then passed the resolution on June 12, 1911 (VoteView). The House turned down the Senate’s version, 111 to 171, on June 21, 1911. It accepted it on May 13, 1912, the date Congress sent the amendment to the states (Constitution Annotated).
- 64-24
- Senate, June 12, 1911 (73% yes)
- 238-39
- House final vote, May 13, 1912 (86% yes)
- 59
- Senate votes needed, two-thirds of those voting
- 185
- House votes needed on the final vote, two-thirds of those voting
Roll call totals are from VoteView, which records the Senate passage and the House vote that completed it.
Which States Ratified the 17th Amendment
36 of the 48 states were needed, and Connecticut completed ratification on April 8, 1913. It took about 11 months. Massachusetts went first, on May 22, 1912. Secretary of State William Jennings Bryan certified the amendment on May 31, 1913 (Constitution Annotated).
What the state did
- Ratified before completion (35 states)
- Connecticut, the 36th state (April 8, 1913)
- Ratified after completion (1 state)
- Rejected (1 state)
- Never acted, in our source (10 states)
- Not yet a state in 1913
Ratification after April 8, 1913 changed nothing in law. The amendment bound every state from that date.
Source: Constitution Annotated (2017 edition), note 9 on the Seventeenth Amendment, for every ratification and rejection date.
| State | Status |
|---|---|
| Alabama | No ratification in the Constitution Annotated |
| Alaska | Became a state in 1959 |
| Arizona | — |
| Arkansas | — |
| California | — |
| Colorado | — |
| Connecticut | — |
| Delaware | No ratification in the Constitution Annotated |
| Florida | No ratification in the Constitution Annotated |
| Georgia | No ratification in the Constitution Annotated |
| Hawaii | Became a state in 1959 |
| Idaho | — |
| Illinois | — |
| Indiana | — |
| Iowa | — |
| Kansas | — |
| Kentucky | No ratification in the Constitution Annotated |
| Louisiana | — |
| Maine | — |
| Maryland | No ratification in the Constitution Annotated |
| Massachusetts | — |
| Michigan | — |
| Minnesota | — |
| Mississippi | No ratification in the Constitution Annotated |
| Missouri | — |
| Montana | — |
| Nebraska | — |
| Nevada | — |
| New Hampshire | — |
| New Jersey | — |
| New Mexico | — |
| New York | — |
| North Carolina | — |
| North Dakota | — |
| Ohio | — |
| Oklahoma | — |
| Oregon | — |
| Pennsylvania | — |
| Rhode Island | No ratification in the Constitution Annotated |
| South Carolina | No ratification in the Constitution Annotated |
| South Dakota | — |
| Tennessee | — |
| Texas | — |
| Utah | — |
| Vermont | — |
| Virginia | No ratification in the Constitution Annotated |
| Washington | — |
| West Virginia | — |
| Wisconsin | — |
| Wyoming | — |
Most states acted in one winter. 17 states ratified in February 1913 alone. Utah was the only state to reject it, on February 26, 1913. Louisiana ratified in 1914, after the amendment was already in force. The Constitution Annotated lists no action by Alabama, Delaware, Florida, Georgia, Kentucky, Maryland, Mississippi, Rhode Island, South Carolina and Virginia.
| Category | Value |
|---|---|
| May 1912 | states1 |
| Jun 1912 | states3 |
| Jul 1912 | states3 |
| Aug 1912 | states3 |
| Sep 1912 | states3 |
| Oct 1912 | states3 |
| Nov 1912 | states3 |
| Dec 1912 | states3 |
| Jan 1913 | states12 |
| Feb 1913 | states29 |
| Mar 1913 | states33 |
| Apr 1913 | states36 |
Running total at the end of each month, up to completion. 36 of 48 states were needed. Source: Constitution Annotated (2017 edition), ratification dates.
Filling a Senate Vacancy Under the 17th Amendment
When a Senate seat opens, the state must hold an election, and in most states the governor appoints someone to serve until then. 35 states fill the seat at the next regular general election, and 15 hold a separate special election sooner (NCSL).
- 46
- States where the governor can appoint an interim senator
- 4
- States that leave the seat empty until an election
- 11
- States that require an appointee from the same party
- 15
- States that hold a separate special election
The states that bar interim appointments are Kentucky, North Dakota, Rhode Island and Wisconsin. Connecticut, Louisiana and Texas allow an appointment only under certain conditions. The same-party states are Arizona, Colorado, Hawaii, Kansas, Maryland, Montana, Nevada, North Carolina, Utah, West Virginia and Wyoming. Rules and counts are NCSL’s, updated July 29, 2026.
The amendment shapes the 2026 ballot too. Because of it, voters will fill 35 Senate seats on November 3, including special elections in Florida and Ohio for seats whose senators left office early. See what else is on the ballot in our midterm elections guide.
The Push to Repeal the 17th Amendment
A 2026 resolution in the House would repeal the 17th Amendment. Rep. Keith Self of Texas introduced H.J. Res. 198 on June 25, 2026 with 8 cosponsors, and it went to the House Judiciary Committee (text). Self says repeal would return the choice of senators to state legislatures. "The current system has given us six-year politicians more focused on national ambitions and the institution of the U.S. Senate than on the states they serve." he said, arguing that the founders designed the Senate “to protect state sovereignty” (Rep. Self).
The amendment’s critics are found “particularly among states’ rights advocates,” the National Constitution Center wrote in 2018, and they argue repeal would give state governments a direct voice in Washington. The center also noted the old system’s flaw: deadlocks could keep a state from sending a senator, though it counted only 2 percent of races that ended in one.
Repeal faces the same bar as any amendment. It would need two-thirds of both the House and the Senate, then ratification by 38 states; Self’s text asks for state conventions within ten years. Only the 18th Amendment, which established Prohibition, has ever been repealed, by the 21st, as the National Constitution Center notes.
The 17th is one of 27 amendments. Our guide to all 27 constitutional amendments lists each one with its date and a plain summary.
Frequently Asked Questions
What is the 17th Amendment in simple terms?
It lets voters in each state elect their two U.S. senators directly. Before it was ratified on April 8, 1913, each state’s legislature chose its senators.
Why was the 17th Amendment created?
Legislatures often deadlocked over who to send. Delaware’s took 217 ballots over 114 days in 1895, and the state went 2 years without full representation in the Senate. By 1912, as many as 29 states had already found ways to let voters pick senators, and the amendment made that the rule everywhere.
When was the 17th Amendment ratified?
On April 8, 1913, when Connecticut became the 36th of the 48 states to approve it. Congress had sent it to the states on May 13, 1912.
How were senators elected before the 17th Amendment?
Article I of the Constitution said senators were “chosen by the Legislature” of each state. State lawmakers voted on who would go to Washington, and voters had no direct say unless their state held an advisory vote first.
What happens when a Senate seat becomes vacant?
The state holds an election to fill it. The 17th Amendment lets each legislature allow its governor to appoint someone until then, and most do. 4 states, Kentucky, North Dakota, Rhode Island and Wisconsin, leave the seat empty until the election, and 11 require the appointee to be from the departing senator’s party.
Is anyone trying to repeal the 17th Amendment?
Yes. On June 25, 2026, Rep. Keith Self of Texas introduced H.J. Res. 198, a joint resolution to repeal it, which he says would return the choice of senators to state legislatures. It went to the House Judiciary Committee. A repeal would need two-thirds of both chambers of Congress and ratification by 38 states.
What You Can Do
- Vote in your Senate race. 35 seats are on the ballot November 3, 2026. Check your registration and deadlines with our voter registration guide.
- Know your state’s vacancy rule. If a senator from your state leaves office, your governor’s power to appoint depends on state law. Ask your state legislators whether they support your state’s current rule.
- Ask your House member where they stand on repeal. H.J. Res. 198 sits in the House Judiciary Committee and would need two-thirds of the House to pass. Our letter-writing guide shows how to write a message an office will read.
- Follow your state legislature. Before 1913, the lawmakers you elect chose your senators, and the repeal’s sponsor wants to give them that power again. Find out who represents you and how they vote.