Arizona state lawmaker Khyl Powell introduced a measure last week urging the U.S. Congress to repeal the Seventeenth Amendment and return the selection of U.S. senators to state legislatures. This change would reverse more than a century of direct elections.
Powell filed House Concurrent Memorial 2010, asking Congress to propose a constitutional amendment that eliminates the requirement for senators to be “elected by the people.” It seeks to restore the pre-1913 process where state lawmakers chose senators.
The proposal does not change Arizona law by itself. It serves as a formal request from the Arizona Legislature to Congress and would require approval from both chambers of the Arizona Legislature before the state can send the memorial to federal officials.
The memorial argues that state legislatures originally had the authority to elect senators. It states that the people of Arizona “firmly believe that a return to the original structure of the United States Congress is required to restore the balance between states and the federal government.”
In the text, the Legislature asks Congress, “pursuant to Article V of the Constitution of the United States,” to propose an amendment that reads, “Amendment XVII, Constitution of the United States, relating to the election of United States senators from the several states, is repealed.”
Under Article V, Congress must approve a proposed constitutional amendment by a two-thirds vote in both the House and Senate before sending it to the states for ratification. Three-fourths of the states must ratify the amendment for it to take effect.
The Seventeenth Amendment, ratified in 1913, established direct election of U.S. senators after states and Congress debated issues related to corruption and deadlocks from legislative selection. The U.S. Senate’s historical summary indicates that voters have chosen U.S. senators “since 1913” and describes the shift from the original system set out in Article I.
Powell’s memorial entered the legislative process on Jan. 22 when it received its first reading in the Arizona House. It was sent to the House Federalism, Military Affairs & Elections Committee, as well as the House Rules Committee, according to bill tracking entries. It received a second reading on Jan. 26.
Arizona public radio station KJZZ reported that the measure would “urge Congress to abolish the 17th Amendment” and noted that the proposal acts as an expression of legislative intent rather than a law.
The memorial also directs the Arizona secretary of state to send copies to the president of the U.S. Senate, the speaker of the U.S. House, and each member of Arizona’s congressional delegation if the Legislature adopts it.
Even if Arizona lawmakers approve the memorial, the request would not bind Congress. Repealing the Seventeenth Amendment would require the national amendment process. The text of the measure asks Congress to act, but it does not set a timeline or explain how states would transition back to legislative selection if a repeal takes effect.
