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H.R. 4638House117th Congress (2021-2023)In Committee

Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act

Sponsored by Rodney DavisRep. Rodney Davis (R-IL)
Introduced July 22, 2021

AI-Generated Summary

Updated February 8, 2026 at 5:38 AM UTC

The SOLVE Act creates a six‑member panel of constitutional experts to advise Congress on how to handle the death of a presidential or vice‑presidential candidate in a contingent election under the Twentieth Amendment. The panel’s recommendations would guide new legislation to fill such a vacancy. It affects future presidential elections and the congressional process for addressing that scenario.

Key Provisions

  • Establishes the “Twentieth Amendment Section Four Panel” composed of six experts appointed by Senate and House leaders, including joint appointments.
  • Requires all appointments within 180 days of the law’s enactment and fills any vacancies the same way.
  • Mandates the panel to submit an interim report within one year of full membership and a final report six months later.
  • Specifies meetings be held at the Law Library of Congress and allows the panel to obtain needed information there.
  • Members serve without compensation; only minimal funds for the Law Library’s role are authorized.
  • Panel dissolves 90 days after the final report, with its records transferred to the Secretary of the Senate and the Clerk of the House.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Constitution and Limited Government Subcommittee

November 1, 2022

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HouseIntro Referral

Introduced in House

July 22, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

July 22, 2021

HouseCommittee

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Constitution and Limited Government Subcommittee

November 1, 2022

Bill Text

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Introduced in HouseIssued July 22, 2021

I

117th CONGRESS

1st Session

H. R. 4638

IN THE HOUSE OF REPRESENTATIVES

July 22, 2021

Mr. Rodney Davis of Illinois (for himself and Ms. Spanberger) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To establish a panel of constitutional experts to recommend to Congress an appropriate process for providing for the case of the death of a candidate in a contingent presidential or vice-presidential election.

1.

Short title

This Act may be cited as the Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act.

2.

Establishment of a panel

(a)

Establishment

There is established the Twentieth Amendment Section Four Panel (in this Act referred to as the Panel).

(b)

Membership

(1)

In general

The Panel shall be composed of 6 constitutional experts, of whom—

(A)

1 shall be appointed by the majority leader of the Senate;

(B)

1 shall be appointed by the minority leader of the Senate;

(C)

1 shall be appointed jointly by the majority and minority leader of the Senate;

(D)

1 shall be appointed by the Speaker of the House of Representatives;

(E)

1 shall be appointed by minority leader of the House of Representatives; and

(F)

1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives.

(2)

Date

The appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act.

(3)

Vacancy

Any vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made.

(4)

Chairperson and Vice Chairperson

The Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel.

(c)

Purpose

The purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election.

(d)

Reports

(1)

Initial report

Not later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations.

(2)

Final report

Not later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations.

(e)

Meetings; information

(1)

In general

Meetings of the Panel shall be held at the Law Library of Congress.

(2)

Information

The Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section.

(f)

Funds

(1)

Compensation of members

Members of the Panel shall receive no compensation.

(2)

Other funding

No amounts shall be appropriated for the purposes of this Act, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e).

(g)

Termination

(1)

In general

The panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2).

(2)

Records

Upon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives.