[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 89 Introduced in House (IH)]
108th CONGRESS
2d Session
H. J. RES. 89
Proposing an amendment to the Constitution of the United States
regarding the appointment of individuals to fill vacancies in the House
of Representatives.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2004
Mr. Larson of Connecticut introduced the following joint resolution;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States
regarding the appointment of individuals to fill vacancies in the House
of Representatives.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled
(two-thirds of each House concurring therein), That the following
article is proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as part of the
Constitution when ratified by the legislatures of three-fourths of the
several States within seven years after the date of its submission for
ratification:
``Article --
``Section 1. A smaller number than the majority of the House may
resolve that a vacancy exists in the majority of the number of seats of
the House of Representatives provided by law.
``Section 2. After the adoption of a resolution under section 1,
the legislature of any State in which a vacancy in the membership of
the House of Representatives exists shall convene a special session to
appoint an individual to fill the vacancy.
``Section 3. If the legislature of a State does not convene a
special session under section 2 during the 5-calendar day period which
begins on the day after the date the House adopts the resolution
described in section 1, or if the legislature convenes a special
session during such period but does not appoint an individual to fill a
vacancy in a seat during the 3-calendar day period which begins on the
date the legislature convenes the special session, the chief executive
of the State shall appoint an individual to fill the vacancy.
``Section 4. An individual appointed under this article shall meet
the qualifications for service as a Member of the House of
Representatives, and shall serve as a Member until an election is held
to fill the original vacancy. The State shall provide for such an
election at such time and in accordance with such procedures as may be
provided by law, except that the individual appointed under this
article may not be a candidate in the next election for the House. An
individual appointed under this article shall be a member of the same
political party as the Member of the House who previously held the
seat.
``Section 5. The procedures and requirements described in sections
2 through 4 shall apply only with respect to a vacancy existing as of
the date of the adoption of the resolution described in section 1 or a
vacancy first occurring during the 20-calendar day period which begins
on such date. In the case of a vacancy first occurring during such 20-
calendar day period, section 3 shall apply as if the reference to the
date on which the House adopts the resolution described in section 1
were a reference to the date on which the vacancy first occurs.
``Section 6. For purposes of carrying out the provisions of this
article, Congress shall have the power by law to specify circumstances
constituting when a vacancy happens in the Representation from any
State in the House of Representatives, and to address the incapacity of
Members of the House of Representatives.
``Section 7. Congress shall have power to enforce this article
through appropriate legislation.''.
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