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What happens if U.S. Senate party control is split 50-50
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Unlike the House, the United States Senate has an even number of seats—two for every state in the Union. This structure means that it is possible for two parties to split control of the U.S. Senate evenly. The most recent such split in the Senate followed the 2020 elections, which resulted in the Democratic and Republican caucuses each controlling 50 seats (this figure includes two independents who caucus with Democrats). This page covers procedural guidelines related to control of a split Senate.
How many times has control of the Senate been tied?
There have been four separate Congresses where control of the Senate was split evenly between Democrats and Republicans for at least part of the session:
- 117th Congress (2021-2023): The November 3, 2020, elections resulted in Republicans controlling 50 seats in the U.S. Senate to Democrats' 46, with two seats held by independents who caucused with the Democrats and two seats—both in Georgia—advancing to runoff elections on January 5, 2021. Democrats won both runoff elections, splitting control of the chamber 50-50 after the runoff winners were sworn in on January 20, 2021. Vice President Kamala Harris (D) had the tiebreaking vote.
- 107th Congress (2001-2003): The November 2000 elections resulted in Republicans and Democrats each controlling 50 seats in the U.S. Senate. Vice President Al Gore (D) had the tiebreaking vote until his term expired on January 20, at which point the tiebreaking vote passed to Vice President Dick Cheney (R). The Senate remained split until June 6, 2001, when Sen. Jim Jeffords' (Vt.) decision to leave the Republican Party and join the Democratic caucus took effect, giving Democrats a 51-49 majority.[1]
- 83rd Congress (1953-1955): The 1952 elections resulted in Republicans winning 48 seats and Democrats winning 47 seats. The 96th seat went to Wayne Morse (I-Ore.), who had been a Republican before leaving the party after President Eisenhower's (R) election in 1952. Despite leaving the party, Morse continued to caucus with the GOP on procedural matters, giving it a 49-47 majority at the opening of the Congress. Changes in the composition of the U.S. Senate led to control changing nine times during the two-year session, including several periods where both parties had split control evenly. The longest such period began with Majority Leader Robert Taft's (R-Ohio) death on July 31, 1953, which resulted in a 47-47 tie that lasted until Sen. Dwight Griswold (R-Neb.) died on April 12, 1954, giving Democrats control of the chamber. During the periods when the chamber was tied, the tiebreaking vote was held by Vice President Richard Nixon (R).[2]
- 47th Congress (1881-1883): The 47th Congress opened with 37 Republicans, 37 Democrats, and two independents—one caucusing with each party. Vice President Chester Arthur (R) had the tiebreaking vote until he succeeded to the presidency following James Garfield's (R) death on September 19, 1881. At the time, there was no provision for filling a vacancy in the vice presidency, so there was no vice president for the remainder of the Congress. Because Senate rules require an absolute majority of votes, tied measures for the remainder of the 47th Congress failed outright.[3]
Who controls the Senate when there is a tie?
In the event of a tie in the U.S. Senate, the vice president's tiebreaking vote allows their party to win any simple majority votes that are held across partisan lines. However, the specifics of U.S. Senate control in an evenly divided chamber, including decisions on committee chairmanships and Senate-wide staff positions, are determined by a power-sharing agreement between the leaders of both caucuses.
The powersharing agreement that the 107th Congress operated under included the following among its provisions:[4]
- All Senate committees were chaired by Democrats until January 20, 2001, when the chairmanship passed to Republicans.
- All committees were to have an equal number of Democrats and Republicans.
- Committee budgets and office space were to be evenly distributed between the Democratic and Republican offices.
- In the event that a committee vote was tied, the majority and minority leaders would both have the option to call for the full Senate to consider the vote.
- The majority and minority leaders were required to work together to determine a legislative agenda.
- Senators from both parties, rather than just the majority party, were permitted to preside over the body.
- Both parties were given equal access to common areas in the Capitol complex for press conferences and meetings.
The specifics of powersharing agreements can differ from Congress to Congress. After Chester Arthur succeeded to the presidency, leaving the Senate evenly divided and without a tiebreaking vote, Republicans retained committee chairmanships, Democrats controlled Senate-wide staffing, and Independent Democrat David Davis held the position of president pro tempore.[3]
Tie following the 2020 elections
- See also: U.S. Senate elections, 2020
The 2020 U.S. Senate elections led to the fourth United States Congress where control of the Senate was split evenly. This section covers specific questions related to control of the Senate in the 117th Congress.
Who controls the Senate?
Democrats will control the Senate. The vice president—Kamala Harris (D) beginning January 20, 2021—also serves as the president of the Senate, whose primary function is to cast the tie-breaking vote following a split or deadlocked vote.[5]
Who controls the Senate committees?
As the majority party, Democrats will control committee leadership. The organizing resolution for the U.S. Senate during the 117th Congress was passed on February 7, 2021. The resolution came after Majority Leader Chuck Schumer (D) and Minority Leader Mitch McConnell (R) concluded a powersharing agreement modeled after the agreement adopted in 2001.[6][7]
What can Democrats do with a simple majority?
Most legislation cannot be passed without a supermajority of 60 or more senators. Additionally, the filibuster allows for unlimited debate on bills that do not have supermajority support. Most legislation will require the backing of at least 10 Republicans, provided all members of the Democratic caucus offer their support.[5]
The reconciliation process, however, provides a procedural path around the supermajority requirement. It was created by the Congressional Budget Act of 1974 to facilitate a quicker process for reviewing and passing certain bills related to spending, revenues, and debt. This process is not subject to the filibuster and only requires a simple majority vote.[8]
Up to three reconciliation bills can be passed each year to cover federal tax, spending, and debt issues.[8]
Executive and judicial confirmations also only require a simple majority.
See also
- United States Congress elections, 2022
- United States Senate elections, 2022
- United States House of Representatives elections, 2022
- U.S. House leadership elections, 2021
- 117th Congress legislative calendar
- 116th United States Congress
- United States Congress
- United States Senate
- United States House of Representatives
Footnotes
- ↑ Los Angeles Times, "An Inside Look at a Party Switch That Changed History," June 24, 2001
- ↑ U.S. Senate, "Membership Changes of 83rd Congress (1953–1955)," accessed January 21, 2021
- ↑ 3.0 3.1 U.S. Senate, "The Great Senate Deadlock of 1881," accessed January 21, 2021
- ↑ Every CRS Report, "The Senate Powersharing Agreement of the 107th Congress (2001-2003): Key Features," December 27, 2006
- ↑ 5.0 5.1 The Washington Post, "What a 50-50 Senate Means, for Biden and for the U.S.," January 8, 2021
- ↑ Politico, "Schumer and McConnell agree to organizing resolution for 50-50 Senate," February 3, 2021
- ↑ U.S. Senate, "Organizing Resolutions," accessed January 21, 2021
- ↑ 8.0 8.1 Center on Budget and Policy Priorities, "Introduction to Budget Reconciliation," November 19, 2016
