[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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