e for Electors of the most numerous Branch of the
State Legislature.
Clause 2. No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven Years a Citizen
of the United States, and who shall not, when elected, be an Inhabitant
of the State in which he shall be chosen.
Qualifications of Members of Congress
CONGRESSIONAL PROTECTION OF RIGHT TO VOTE FOR REPRESENTATIVES
Although the qualifications of electors of Members of Congress are
defined by State law,[116] the right to vote for such Representatives is
derived from the Federal Constitution.[117] Unlike the rights guaranteed
by the Fourteenth and Fifteenth Amendments, this privilege is secured
against the actions of individuals as well as of the States.[118] It
embraces the right to cast a ballot and to have it counted
honestly.[119] Where a primary election is made by law an integral part
of the procedure of choice or where the choice of a representative is in
fact controlled by the primary, the Constitution safeguards the rights
of qualified electors to participate therein.[120] Congress may protect
this right by appropriate legislation.[121] In prosecutions instituted
under section 19 of the Criminal Code,[122] the Court had held that
failure to count ballots lawfully cast,[123] or dilution of their value
by stuffing the ballot box with fraudulent ballots[124] constitutes a
denial of the constitutional right to elect Representatives in Congress.
But the bribery of voters, although within reach of Congressional power
under other clauses of the Constitution, is not deemed to be an
interference with the rights guaranteed by this section to other
qualified voters.[125]
WHEN THE ABOVE QUALIFICATIONS MUST BE POSSESSED
The principal disputes which have arisen under these sections have
related to the time as of which members-elect must fulfill the
conditions of eligibility, and whether additional requirements may be
imposed by federal or State law. Although on two occasions when it
refused to seat persons who were ineligible when they sought to take the
oath of office, the Senate indicated that eligibility must exist at the
time of election, it is now established in both Houses that it is
sufficient if the requirements are met when the oath is administered.
Thus persons elected to either House before attaining the required age
or term of citizenship have been admitted as soon as they became
qualified.[126
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