The 1861 United States Senate election in California was held on April 2, 1861, by the California State Legislature to elect a U.S. senator (Class 3) to represent the State of California in the United States Senate. The legislature had previously attempted to elect a senator from March 9–20, culminating with McDougall's apparent victory on the 22nd ballot; however, it was subsequently found that McDougall had not received the requisite majority, and his election was rescinded. In a special joint session, Anti-Lecompton Democratic former U.S. representative James A. McDougall was elected over Lecompton Democratic newspaper editor John Nugent. McDougall was elected with Republican support.
General election Two-term Democrat William M. Gwin was re-elected in 1857 following the failure of the California State Legislature to elect a senator in 1855. He was not a candidate for re-election.
The California Democratic Party was divided between proslavery Chivalry or Lecompton Democrats, and free soil Anti-Lecompton Democrats. The 1860 U.S. presidential election multiplied these divisions, producing splits between supporters of the presidential candidacies of Stephen A. Douglas and John C. Breckinridge, and between Lecompton and Anti-Lecompton Douglas Democrats. The Constitutional Union Party, composed of conservative former Whigs, was of minimal importance. California Republicans were able to capitalize on the bitterness between the Democratic factions to carry the state in the national election with less than one third of the votes cast.
Gwin's term ended on March 3, 1861, without the legislature having chosen his successor. On March 9, the Senate and the House of Representatives met in joint session to hold an election for the next term. Anti-Lecompton Douglas Democrat James A. McDougall, Breckinridge Democrat John B. Weller, Republican Timothy G. Phelps, and Lecompton Douglas Democrats James W. Denver and John Nugent were the major candidates.
Several coalitions of various factions were attempted during the balloting. Lacking the votes to elect their own candidate, the Republicans threw their support to McDougall in order to forestall a coalition of the Breckinridge and Lecompton Douglas Democrats.
After multiple rounds of voting spread out over several days, McDougall was apparently elected on March 20 with 56 votes on the 22nd ballot. Subsequently, it was discovered that McDougall's total fell one vote short of the requisite majority for a legal election. The joint session reconvened on April 2, when McDougall received the necessary 57 votes on the first (23rd overall) ballot.
Ballots 1–5 (March 9) + 1861 United States Senate election in California Party Candidate 1stballot 2ndballot 3rdballot 4thballot 5thballot Douglas Democratic (Anti-Lecompton) James A. McDougall 27 26 26 25 25 Breckinridge Democratic John B. Weller 27 23 24 17 19 Republican Timothy G. Phelps 23 23 23 23 21 Douglas Democratic (Lecompton) James W. Denver 16 17 15 16 15 Douglas Democratic (Lecompton) John Nugent 9 11 13 14 16 Breckinridge Democratic N. E. Whitesides 5 6 colspan=3 Douglas Democratic (Lecompton) Joseph P. Hoge 2 2 2 2 2 Constitutional Union George W. Bowie 1 1 1 1 1 Charles M. Creanor 1 1 5 12 7 E. H. Heacock 1 1 1 1 1 Total votes 112 111 110 111 107 Votes needed to win 57 56 56 56 54
Ballots 6–10 (March 11) + 1861 United States Senate election in California Party Candidate 6thballot 7thballot 8thballot 9thballot 10thballot Douglas Democratic (Anti-Lecompton) James A. McDougall 27 27 27 28 26 Republican Timothy G. Phelps 20 20 19 20 20 Breckinridge Democratic John B. Weller 19 16 13 11 10 Douglas Democratic (Lecompton) James W. Denver 18 18 18 18 18 Douglas Democratic (Lecompton) John Nugent 17 19 23 21 22 Charles M. Creanor 3 3 3 3 4 Constitutional Union George W. Bowie 1 2 2 2 1 Douglas Democratic (Lecompton) Joseph P. Hoge 1 2 1 1 2 Republican Augustus Rhodes 1 1 1 1 1 Douglas Democratic James T. Ryan 1 colspan=2 Breckinridge Democratic B. F. Washington colspan=3 2 2 Breckinridge Democratic A. C. Peachy colspan=4 1 Total votes 108 109 107 107 107 Votes needed to win 55 55 54 54 54
Ballots 11–13 (March 12) + 1861 United States Senate election in California Party Candidate 11thballot 12thballot 13thballot Douglas Democratic (Anti-Lecompton) James A. McDougall 24 25 25 Republican Timothy G. Phelps 22 20 21 Douglas Democratic (Lecompton) John Nugent 21 20 20 Douglas Democratic (Lecompton) James W. Denver 17 15 15 Breckinridge Democratic John B. Weller 10 11 12 Charles M. Creanor 3 3 Breckinridge Democratic B. F. Washington 2 1 2 Douglas Democratic (Lecompton) Joseph P. Hoge 1 1 1 Republican Augustus Rhodes 1 1 1 Douglas Democratic John Bidwell 1 1 Breckinridge Democratic Joseph L. Brent 1 Breckinridge Democratic Zachariah Montgomery 1 Douglas Democratic (Anti-Lecompton) Joseph Powell 1 Constitutional Union George W. Bowie colspan=2 1 Breckinridge Democratic Edward J. C. Kewen colspan=2 1 Republican William H. Parks colspan=2 1 Republican Edward Stanly colspan=2 1 Total votes 101 102 102 Votes needed to win 51 53 53
Ballot 14 (March 13) + 1861 United States Senate election in California Party Candidate 14thballot Douglas Democratic (Anti-Lecompton) James A. McDougall 23 Douglas Democratic (Lecompton) John Nugent 21 Republican Timothy G. Phelps 19 Douglas Democratic (Lecompton) James W. Denver 16 Breckinridge Democratic John B. Weller 8 Breckinridge Democratic B. F. Washington 2 Douglas Democratic (Lecompton) Joseph P. Hoge 2 Breckinridge Democratic Edward J. C. Kewen 2 Republican Augustus Rhodes 1 Breckinridge Democratic Zachariah Montgomery 1 Breckinridge Democratic Tod Robinson 1 Total votes 96 Votes needed to win 49
Ballots 15–16 (March 15) + 1861 United States Senate election in California Party Candidate 15thballot 16thballot Douglas Democratic (Anti-Lecompton) James A. McDougall 27 32 Republican Timothy G. Phelps 23 23 Douglas Democratic (Lecompton) John Nugent 18 16 Douglas Democratic (Lecompton) James W. Denver 15 12 Breckinridge Democratic John B. Weller 9 11 Charles M. Creanor 8 3 Breckinridge Democratic B. F. Washington 2 1 Constitutional Union George W. Bowie 1 1 Republican Augustus Rhodes 1 1 Republican William H. Parks 1 1 Breckinridge Democratic Tod Robinson 1 2 Breckinridge Democratic Jackson Temple 1 7 Total votes 110 110 Votes needed to win 56 56
Ballots 17–18 (March 19) + 1861 United States Senate election in California Party Candidate 17thballot 18thballot Douglas Democratic (Anti-Lecompton) James A. McDougall 26 27 Republican Timothy G. Phelps 23 24 Douglas Democratic (Lecompton) John Nugent 19 17 Douglas Democratic (Lecompton) James W. Denver 15 11 Breckinridge Democratic John B. Weller 11 11 Breckinridge Democratic Joseph L. Brent 4 4 Charles M. Creanor 4 6 Breckinridge Democratic B. F. Washington 3 3 Constitutional Union George W. Bowie 2 2 Douglas Democratic John Bidwell 1 colspan=1 Douglas Democratic N. Greene Curtis 1 1 William B. Dickinson 1 E. H. Heacock 1 1 Total votes 110 108 Votes needed to win 56 55
Ballots 19–22 (March 20) On the 22nd ballot, the votes for Anderson and Casserly were omitted from the official tally by mistake, and McDougall was erroneously pronounced elected with 56 votes—one short of a majority with the votes for Anderson and Casserly included.
+ 1861 United States Senate election in California Party Candidate 19thballot 20thballot 21stballot 22ndballot Douglas Democratic (Lecompton) John Nugent 45 44 44 47 Douglas Democratic (Anti-Lecompton) James A. McDougall 29 30 30 56 Republican Timothy G. Phelps 23 23 22 1 Breckinridge Democratic John B. Weller 6 7 7 6 Douglas Democratic (Lecompton) Joseph P. Hoge 2 1 2 Constitutional Union George W. Bowie 1 1 1 Republican Caleb Burbank 1 1 1 Douglas Democratic (Lecompton) Eugene Casserly 1 1 1 1 Charles M. Creanor 1 1 colspan=1 1 Republican Samuel W. Inge 1 colspan=3 Major Anderson colspan=3 1 Total votes 111 110 108 113 Abstentions 2 — — — Votes needed to win 56 56 55 57
Ballot 23 (April 2) + 1861 United States Senate election in California Party Candidate 23rdballot Douglas Democratic (Anti-Lecompton) James A. McDougall 57 Douglas Democratic (Lecompton) John Nugent 39 Breckinridge Democratic John B. Weller 4 Douglas Democratic (Lecompton) Eugene Casserly 1 Democratic James Shields 1 Total votes 104 Votes needed to win 53
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