On this day in 1975, a breakthrough occurred that let New Hampshire voters have a “do-over” to decide the closest election in Senate annals.
The initial contest in 1974 pitted Democrat John Durkin against Republican Louis Wyman. Although Wyman initially led in the polls, the Watergate scandal helped turn 1974 into a Democratic year. On Election Day, Wyman initially was thought to have won by 355 votes. Durkin demanded a recount, which shifted the victory to him by 10 votes. The governor, a Republican, reluctantly certified Durkin as the winner — only to have Wyman demand another recount. This time, the state ballot commission ruled Wyman had won by two votes. With his certificate of election now withdrawn, Durkin appealed the matter to the Senate.
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On Jan. 13, 1975, the day before the new Congress convened, the Committee on Rules and Administration failed to resolve the issue. Comprising five Democrats and three Republicans, the Rules panel deadlocked 4-4 on a proposal to seat Wyman pending a review. Sen. James Allen (D-Ala.) voted with the Republicans, holding that Wyman had presented valid credentials.
A deadlock ensued until July 28 when The Washington Post editorialized that it would be “incredible” if the Senate were to “go on vacation for a month without settling the New Hampshire Senate election case.” The editorial suggested that Wyman and Durkin make a deal to resolve the matter.
Wyman wrote Durkin that day, urging him to support a new election. The next day, Durkin reversed his position and told a New Hampshire television audience he had agreed to a new election. On July 30, the Senate voted 71-21 to declare the seat vacant as of Aug. 8.
New Hampshire held a special election on Sept. 16, 1975, which Durkin won by some 27,000 votes.