Senate of Liberia

Eligibility

Article 30 of the Constitution sets four requirements for members of the Senate: they must be Liberian citizens, at least thirty years old, domiciled in the county they represent for at least one year prior to election, and taxpayers.^[1] Under the 1847 Constitution, senators were required to own real estate within their county, a provision that effectively limited participation by indigenous populations.^[12]

Elections

Article 83(b) of the 1986 Constitution originally provided for a two-round electoral system for legislative elections.^[1] This requirement was suspended for the 2005 elections under the Accra Comprehensive Peace Agreement and later replaced by a First-past-the-post system following a successful constitutional referendum in 2011.^[13]

Oath

The Constitution requires all senators to take an oath or affirmation upon assuming their office. The Secretary of the Senate administers the oath to all senators on their first day of sitting in the Senate. The following oath is specified by the Constitution:

I, ___ , do solemnly swear (affirm) that I will support, uphold, protect and defend the Constitution and laws of the Republic of Liberia, bear true faith and allegiance to the Republic, and will faithfully, conscientiously and impartially discharge the duties and functions of the office of Senator to the best of my ability. So help me God.

Term

Under the original 1847 Constitution, senators served a term of four years without term limits. The term length was increased to six-year by constitutional amendment in 1904. The draft 1985 Constitution set the terms of senators at eight years, though the length was changed to nine years by the military government prior to its ratification.

Senatorial terms have been staggered under both constitutions, with two classes of senators being elected in alternating election years. The 2005 Senate elections reinstated this method, with each voter able to cast two ballots for separate candidates. The candidate with the highest number of votes was elected as a First Category senator, serving a nine-year term, followed by elections in 2014.^[14] The candidate with the second-highest number of votes became a Second Category senator, serving an exceptional six-year term, followed by elections in 2011 for a normal nine-year term. Since 2011 elections are staggered whereby each county elects one senator (2011–2020), then another senator three years later (2014–2023) followed by a six-year period in which no senators are elected (no half senate elections in 2017).

Midterm vacancies

In the event of a senator's death, resignation, ascension to a disqualifying office, incapacity or expulsion prior to the completion of their term, the Senate is required to notify the National Elections Commission within 30 days of the vacancy. The NEC then carries out a by-election within 90 days of such notification to fill the vacancy. Senators elected in a by-election only serve the remainder of their predecessor's term.

Legislation

Bills may originate in either the House or the Senate with the exception of revenue bills, which Article 34(d)(i) requires to originate in the House. Bills originating in the House, including revenue bills, may be amended by the Senate and sent back to the House. Both chambers are required to pass the same bill in order for it to be sent to the president for signature or veto. If differences exist in the two versions passed by the House and the Senate, a conference committee made up of members of both chambers may be formed to negotiate a single bill for passage by the chambers.^[15]

Checks and balances

The Senate, along with the House, must approve any treaties or other international agreements signed by the president. Should the president veto any bill passed by the House and the Senate, the veto may be overturned by a vote of two-thirds of the members in each chamber. The Constitution also grants the Senate several exclusive powers to check the actions of the executive branch. Under Article 54, the president's appointments of ministers, judges, county officials, military officers and other officers must be confirmed by the Senate. The Senate is also responsible for trying the president, the vice president, and judges in the event that they are impeached by the House. Conviction and removal from office requires the consent of two-thirds of the senators.^[1]

Sessions

The Senate holds one regular session every year, beginning on the second working Monday of January and ending on August 31, with a two-week break for Easter. Under Article 32(b) of the Constitution, the Senate, by concurrence of one-fourth of its members and one-fourth of the members of the House, or the president, on their own initiative, may extend the session past its adjournment or call for an extraordinary session outside of the regular session. Plenary sessions are held every Tuesday and Thursday, with committees meeting on Mondays and Wednesdays.^[1]

Leadership

The Vice President of Liberia serves as President of the Senate but typically does not preside over daily proceedings.^[1] In practice, the Senate elects a president pro tempore from among its members to preside over legislative business.^[16]

In addition to the president pro tempore, the Senate elects a Secretary of the Senate, Assistant Secretary of the Senate and a Sergeant-at-Arms as officers of the Senate, though these positions are not held by sitting senators.

Committees

Article 38 of the Constitution authorizes each house of the Legislature to adopt its own rules of procedure and establish committees and subcommittees.^[1]