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Originally, under Article I, § 3, Clauses 1 and 2 of the Constitution, each state legislature elected its state's senators for a six-year term.[1] Each state, regardless of size, is entitled to two senators as part of the Connecticut Compromise between the small and large states.[2] At the time the U.S. Constitution was crafted, this decision was not controversial.[3] Having the state legislatures elect the senators reassured anti-federalists that there would be some protection against the federal government swallowing up of states and their powers,Cite error: The <ref> tag has too many names (see the help page). and providing a check on the power of the federal government.
With the beginning of the 20th century, opponents of the indirect elections of U.S. senators grew louder. They pointed out the two primary problems that were in their view caused by the original provisions: legislative corruption and electoral deadlocks.[4] There was a sense that senatorial elections were "bought and sold", changing hands for favors and sums of money rather than because of the competence of the candidate. Electoral deadlocks were another issue. Because state legislatures were charged with deciding whom to appoint as senators, the system relied on their ability to agree. Some states could not, and thus delayed sending representatives to Congress; in a few cases, the system broke down to the point where states completely lacked representation in the Senate.Cite error: A <ref> tag is missing the closing </ref> (see the help page).
The conceived problems with the original method of selecting U.S. Senators lead to calls for reform. The first wave of reforms came by the states themselves. In 1908, Oregon passed the first law that based the selection of U.S. senators on a popular vote. Oregon's system worked effectively like a advisory referenda instructing state legislatures how to vote.[4] On the second national legislative front, reformers worked toward a constitutional amendment, which was strongly supported in the House of Representatives but initially opposed by the Senate. Finally on May 13, 1912, Congress proposed an amendment to the constitution mandating the direct popular election of U.S. senators. This amendment would later be ratified by the then necessary number of 36 states and certified by Secretary of StateWilliam Jennings Bryan on May 31, 1913.[5] It became the Seventeenth Amendment.[5]
The 1912 United States Senate elections were the last elections before the Seventeenth Amendment went into effect. Colorado had adopted a system similar to Oregon's. The parties selected their candidates either in the statewide primary on September 10, 1912 or in a state convention. Voters were able to make a choice between the candidates in the Colorado elections on November 8, 1912.[6] This election was non-binding, as the Colorado General Assembly would be able to elect the Senator at the beginning of the 1913 session. Some legislative candidates had signed "Statement No. 1" though, which was a pledge to vote for the candidate with the strongest popular support without taking political affiliation into account. Other had signed "Statement No. 2", which was only a pledge to support the winner of the respective primary. These pledges were part of the new state law[7] and printed on the ballot.[8]
At the beginning of the 20th century, the Republican party was divided into two main wings: the progressives (led by Theodore Roosevelt) and the conservatives (led by William Howard Taft). The rift between the two wings had deepened during the Taft's service as 27th President of the United States, prompting former President Roosevelt to run against the incumbent Taft for the Republican nomination in the 1912 United States Presidential Election. Taft won the nomination at the 1912 Republican National Convention in Chicago, causing Roosevelt to found the Progressive Party and run as a third-party candidate. In many other national and state elections in the year 1912, candidates ran against the Democratic and Republican nominees under Roosevelt's "Progressive" or "Bull Mouse" Banner.
In Colorado, Edward P. Costigan quickly emerged as the leader of the new Progressive Party and was chosen by the party to contest the gubernatorial race.[9]
Governor John F. Shafroth was able to win the Democratic primary on September 10, 1912 against former Governor Alva Adams and attorney Thomas J. O'Donnell.
^ Vile, John R. (2003). Encyclopedia of constitutional amendments, proposed amendments, and amending issues, 1789–2002 (2nd ed.). ABC-CLIO. ISBN978-1-85109-428-8.
^ abJames J. Kilpatrick, ed. (1961). The Constitution of the United States and Amendments Thereto. Virginia Commission on Constitutional Government. p. 49.
