United States Senate election in New Hampshire, 1974
Encyclopedia
The 1974 United States Senate Election in New Hampshire was held on November 5, 1974. It resulted in the longest election contest in United States history.
announced he would not seek reelection.
The fall campaign of 1974 pitted Democrat John A. Durkin
, who had served as the state's insurance commissioner, against the conservative, widely known Republican member of the United States House of Representatives
from New Hampshire's 1st congressional district
, Louis C. Wyman
.
As Wyman was the more experienced politician, he was expected by many to win handily.
Meldrim Thomson, Jr.
awarded Durkin a provisional certificate of election.
The state ballot commission therefore conducted its own partial recount and announced on December 24 that Wyman had won by just two votes. Governor Thomson rescinded Durkin’s certificate and awarded a new credential to Wyman.
Cotton resigned the Senate seat on December 31, 1974; Thomson appointed Wyman to fill the remainder of the term, which expired on January 3, 1975.
tried unsuccessfully to resolve the matter. Composed of five Democrats and three Republicans, the Rules Committee deadlocked four-to-four on a proposal to seat Wyman pending further review. Alabama
Democrat James Allen voted with the Republicans on grounds that Wyman had presented proper credentials.
The full Senate took up the case on January 14, with Wyman and Durkin seated at separate tables at the rear of the chamber. Soon, the matter returned to the Rules Committee, which created a special staff panel to examine 3,500 questionable ballots that had been shipped to Washington.
Following this review, the Rules Committee sent 35 disputed points to the full Senate, which spent the next six weeks debating the issue, but resolved only one of the 35 points in dispute. Republicans successfully filibustered the seating of Durkin.
Facing deadlock with the August recess approaching, the Washington Post ran an editorial on July 28 charging that it would be "incredible" if the Senate were to "go on vacation for a month without settling the New Hampshire Senate election case." The newspaper suggested that Wyman and Durkin should try to reach some agreement to settle the matter. Following up on the suggestion, Louis Wyman wrote to Durkin that day, urging him to support a new election. Durkin initially refused but then, on July 29, reversed his earlier position and announced to a New Hampshire television audience his intention to agree to a new election. The next morning, July 30, he reported this change to the Democratic leadership, thus relieving the Senate from further deliberations on the topic.
Later that same day, the Senate voted 71 to 21 to declare the seat vacant as of August 8. Governor Thomson appointed former Senator Cotton to hold the seat temporarily. New Hampshire then arranged to hold a special election.
Campaign
Incumbent Senator Norris CottonNorris Cotton
Norris H. Cotton was an American Republican politician from the state of New Hampshire.Norris Cotton was born on a farm in Warren, New Hampshire. He was educated at Phillips Exeter Academy in New Hampshire and Wesleyan University in Connecticut...
announced he would not seek reelection.
The fall campaign of 1974 pitted Democrat John A. Durkin
John A. Durkin
John Anthony Durkin was a Democratic U.S. Senator from New Hampshire from 1975 until 1980.Durkin graduated from the College of the Holy Cross in 1959 and Georgetown University Law Center in 1965...
, who had served as the state's insurance commissioner, against the conservative, widely known Republican member of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from New Hampshire's 1st congressional district
New Hampshire's 1st congressional district
New Hampshire's 1st congressional district covers the southeastern part of New Hampshire. The district consists of three general areas: Greater Manchester, the Seacoast and the Lakes Region....
, Louis C. Wyman
Louis C. Wyman
Louis Crosby Wyman was a U.S. Representative and, for four days, a Senator from New Hampshire.-Early career:...
.
As Wyman was the more experienced politician, he was expected by many to win handily.
First recount
Durkin immediately demanded a recount. The recount, completed November 27, 1974, declared Durkin the winner by a margin of 10 votes. Republican GovernorGovernor of New Hampshire
The Governor of the State of New Hampshire is the supreme executive magistrate of the U.S. state of New Hampshire.The governor is elected at the biennial state general election in November of even-numbered years. New Hampshire is one of only two states, along with bordering Vermont, to hold...
Meldrim Thomson, Jr.
Meldrim Thomson, Jr.
Meldrim Thomson, Jr. was a Republican who served three terms as Governor of the U.S. state of New Hampshire from 1973 to 1979, during which time he became known as a strong supporter of conservative political values....
awarded Durkin a provisional certificate of election.
Second recount
Wyman promptly appealed to the New Hampshire State Ballot Law Commission. Durkin tried to defeat the appeal through legal maneuvers that eventually involved all levels of the New Hampshire court. Durkin's attorney also sought an injunction in federal court to send the matter directly to the U.S. Senate, but on December 18 a federal district court denied the request.The state ballot commission therefore conducted its own partial recount and announced on December 24 that Wyman had won by just two votes. Governor Thomson rescinded Durkin’s certificate and awarded a new credential to Wyman.
Cotton resigned the Senate seat on December 31, 1974; Thomson appointed Wyman to fill the remainder of the term, which expired on January 3, 1975.
Senate contest
As a last option, Durkin petitioned the Senate, which had a 60-vote Democratic majority, to review the case, based on the constitutional provision that each house of Congress is the final arbiter of its elections. On January 13, 1975, the day before the new Congress convened, the Senate Rules CommitteeUnited States Senate Committee on Rules and Administration
The Senate Committee on Rules and Administration is responsible for the rules of the United States Senate, with administration of congressional buildings, and with credentials and qualifications of members of the Senate, including responsibility for dealing with contested elections.The committee...
tried unsuccessfully to resolve the matter. Composed of five Democrats and three Republicans, the Rules Committee deadlocked four-to-four on a proposal to seat Wyman pending further review. Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
Democrat James Allen voted with the Republicans on grounds that Wyman had presented proper credentials.
The full Senate took up the case on January 14, with Wyman and Durkin seated at separate tables at the rear of the chamber. Soon, the matter returned to the Rules Committee, which created a special staff panel to examine 3,500 questionable ballots that had been shipped to Washington.
Following this review, the Rules Committee sent 35 disputed points to the full Senate, which spent the next six weeks debating the issue, but resolved only one of the 35 points in dispute. Republicans successfully filibustered the seating of Durkin.
Facing deadlock with the August recess approaching, the Washington Post ran an editorial on July 28 charging that it would be "incredible" if the Senate were to "go on vacation for a month without settling the New Hampshire Senate election case." The newspaper suggested that Wyman and Durkin should try to reach some agreement to settle the matter. Following up on the suggestion, Louis Wyman wrote to Durkin that day, urging him to support a new election. Durkin initially refused but then, on July 29, reversed his earlier position and announced to a New Hampshire television audience his intention to agree to a new election. The next morning, July 30, he reported this change to the Democratic leadership, thus relieving the Senate from further deliberations on the topic.
Later that same day, the Senate voted 71 to 21 to declare the seat vacant as of August 8. Governor Thomson appointed former Senator Cotton to hold the seat temporarily. New Hampshire then arranged to hold a special election.
New election
The new election was held on September 16, 1975. A record-breaking turnout gave the election to Durkin by a 27,000-vote margin.Further reading
- Butler, Anne M., and Wendy Wolff. United States Senate Election, Expulsion and Censure Cases, 1793-1990. Washington: Government Printing Office, 1995.
- Tibbetts, Donn. The Closest U.S. Senate Race in History, Durkin v. Wyman. [Manchester, N.H.]: J.W. Cummings Enterprises, 1976.