He was elected as a Republican to the U.S. Senate to fill the vacancy in the term commencing March 4, 1899. At the time, U.S. Senators were still selected by state legislatures. Utah's state legislators had already indicated they would not support the incumbent, Republican Frank J. Cannon, for reelection. Alfred W. McCune, one of Salt Lake City's most prominent businessmen, sought and won the backing of the Church of Jesus Christ of Latter-day Saints (LDS Church) in his bid for the seat. But the legislature quickly deadlocked over the election. One-hundred and twenty-one ballots were cast, and no winner emerged. On February 18, a state representative accused McCune of trying to buy his vote. A seven-member legislative voted 7-to-2 to absolve McCune of the charge, and although balloting resumed on March 8 McCune still lacked enough votes to win office (he had only 25 votes). The legislature adjourned without having chosen a senator.