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number should not thus be made up, because of an
equal number on the second ballot still being in favour
of two or more persons, then the election shall
be determined by lot, between those who have equal
numbers; which proceedings of the electors shall be
certified under their hands, and returned to the chancellor
for the time being.
XVIII. That the electors
of senators shall judge of
the qualifications and elections of members of their
body, and on a contested election, shall admit to a
seat, as an elector, such qualified person as shall appear
to them to have the greatest number of legal
votes in his favour.
XIX. That the electors, immediately on their meeting,
and before they proceed to the election of senators,
shall take the oath of support and fidelity to this
state herein after expressed, and also an oath, " to preserve
and support the constitution and form of government
of this state, and to perform the duties of an
elector of the senate."
XX. That any citizen of this state, elected a member
of the general assembly, or an elector of the senate,
who is conscientiously scrupulous of taking an
oath in any case, and who is permitted by the constitution
and form of government to affirm in certain
cases, may, or taking his seat in the legislature, or as
an elector of the senate, take his solemn affirmation,
or declaration, instead of the oath prescribed.
XXI. That in case any vacancy shall hereafter happen
in the senate, by the refusal to act, death, resignation,
disqualification, or removal out of this state,