[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 30 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
S. J. RES. 30

    Proposing an amendment to the Constitution of the United States 
  regarding the appointment of individuals to serve as Members of the 
 House of Representatives in the event a significant number of Members 
    are unable to serve at any time because of death or incapacity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18), 2001

 Mr. Specter introduced the following joint resolution; which was read 
          twice and 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 serve as Members of the 
 House of Representatives in the event a significant number of Members 
    are unable to serve at any time because of death or incapacity.

    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 7 years after the date of its submission by the Congress:

                              ``Article--

    ``Section 1. If at any time 50 percent or more of the Members of 
the House of Representatives are unable to carry out their duties 
because of death or incapacity, each Governor of a State represented by 
a Member who has died or become incapacitated shall appoint a qualified 
individual to take the place of the Member as soon as practicable, but 
no later than 7 days, after the Member's death or incapacity has been 
certified.
    ``An individual appointed to take the place of a Member of the 
House of Representatives under this section shall be a member of the 
same political party as the Member of the House of Representatives who 
is being replaced.
    ``Section 2. An individual appointed to take the place of a Member 
of the House of Representatives under section 1 shall serve until an 
individual is elected to fill the vacancy resulting from the former 
Member's death or incapacity.
    ``A Member shall be elected to fill the vacancy in a special 
election to be held at any time during the 90-day period which begins 
on the date the individual is appointed under section 1, in accordance 
with the applicable election laws of the State involved. However, if a 
regularly scheduled general election for the office will be held during 
such 90-day period, or 30 days thereafter, no special election shall be 
held and the Member elected in such regularly scheduled general 
election shall fill the vacancy upon election.
    ``An individual appointed under section 1 may be a candidate in 
such a special election or in such a regularly scheduled general 
election.
    ``Section 3. During the period of an individual's appointment under 
section 1, the individual shall have all the powers and duties of a 
Member of the House of Representatives.
    ``Section 4. Congress shall have the power to enforce this article 
by appropriate legislation.''.
                                 <all>