Senators were elected over a wide range of time throughout 1884 and 1885, and a seat may have been filled months late or remained vacant due to legislative deadlock.

With three state legislatures failing to elect their senators in time, both Republicans and Democrats lost seats.

By the beginning of the first session, in December 1885, Republicans had won all three vacant seats, increasing their majority.

Ephraim King Wilson II was elected by an unknown margin of votes, for the Class 3 seat.

In a caucus meeting to determine the party's choice for United States Senator, many Democratic legislators looked to replace the incumbent Senator, Democrat George H. Pendleton, because they disagreed with his advocacy of civil service reform and low tariffs.

[9] Because Oliver was a trustee and treasurer of the Standard Oil company, many of the Pendleton supporters immediately alleged that $100,000 from the oil trust had been used to bribe Democratic legislators, and claimed that an open ballot would not have favored Payne.

[12] The evidence gathered was voluminous, but the Senate declined to expel Payne, who proclaimed his innocence.