[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 26 Introduced in House (IH)]






109th CONGRESS
  1st Session
H. J. RES. 26

    Proposing an amendment to the Constitution of the United States 
                 relating to Congressional succession.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

 Mr. Rohrabacher (for himself and Mr. Baird) 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 
                 relating to Congressional succession.

    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. No person shall be a Representative who has not 
selected in ranked order, and been elected together with, three 
Alternate Representatives. Alternate Representatives shall serve during 
the term of their Representative, and their tenure in office shall end 
upon the resignation or expulsion of their Representative, or when a 
new Representative and Alternate Representatives are elected for the 
same constituency. Such new Representative and Alternate 
Representatives shall assume office immediately upon election whenever 
there is a vacancy in the office of Representative.
    ``Section 2. Upon the death of a Representative, or if at the time 
fixed for the beginning of the term of the Representative-elect, the 
Representative-elect shall have died, the duties and powers of the 
office of Representative shall be discharged by his highest-ranking 
Alternate as Acting Representative until a new Representative is 
elected.
    ``Section 3. Whenever a Representative transmits to the Speaker of 
the House of Representatives his written declaration that he is unable 
to discharge the powers and duties of his office, and until he 
transmits a written declaration to the contrary, such powers and duties 
shall be discharged by his highest-ranking Alternate as Acting 
Representative.
    ``Section 4. Whenever a majority of the elected Alternates of a 
Representative transmit to the Speaker of the House of Representatives 
their written declaration that such person is unable to discharge the 
powers and duties of the office of Representative, that person's 
highest-ranked Alternate shall immediately assume the powers and duties 
of that office as Acting Representative. Thereafter, when the 
Representative transmits to the Speaker of the House of Representatives 
his written declaration that no such inability exists, he shall assume 
or resume the powers and duties of the office of Representative.
    ``Section 5. No person shall be a Senator who has not selected in 
ranked order, and been elected together with, three Alternate Senators. 
Alternate Senators shall serve during the term of their Senator, and 
their tenure in office shall end upon the resignation or expulsion of 
their Senator, or when a new Senator and Alternate Senators are elected 
for the same state and class of Senators. Such elected Senator and 
Alternate Senators shall assume office immediately upon election 
whenever there is a vacancy in the office of Senator.
    ``Section 6. Upon the death of a Senator, or if at the time fixed 
for the beginning of the term of the Senator-elect, the Senator-elect 
shall have died, the duties and powers of the office of Senator shall 
be discharged by his highest ranked Alternate as Acting Senator until a 
new Senator is elected.
    ``Section 7. Whenever a Senator transmits to the President pro 
tempore of the Senate his written declaration that he is unable to 
discharge the powers and duties of his office, and until he transmits a 
written declaration to the contrary, such powers and duties shall be 
discharged by his highest ranked Alternate as Acting Senator.
    ``Section 8. Whenever a majority of the elected Alternates of a 
Senator transmit to the President pro tempore of the Senate their 
written declaration that such person is unable to discharge the powers 
and duties of the office of Senator, that person's highest ranked 
Alternate shall immediately assume the powers and duties of that office 
as Acting Senator. Thereafter, when the Senator transmits to the 
President pro tempore of the Senate his written declaration that no 
such inability exists, he shall assume or resume the powers and duties 
of the office of Senator.
    ``Section 9. No one who has not been elected Senator or Alternate 
Senator may be or act as Senator, except that the legislature of any 
state may empower the executive thereof to appoint an Acting Senator 
when a Senator from that state dies in office without a qualified 
Alternate.
    ``Section 10. Alternate Senators and Representatives shall have the 
qualifications of Senators and Representatives, respectively, and each 
House may punish its Alternates for disorderly behavior, and with the 
concurrence of two thirds, expel an Alternate.
    ``Section 11. The Congress shall have power to enforce this article 
by appropriate legislation.
    ``Section 12. This article shall take effect at noon on the next 
date established by this Constitution for the beginning and ending of 
the terms of Senators and Representatives one year after the 
ratification of this article, except that qualification to be Senator 
in section 5 of this article shall not apply to any person who had been 
elected to their current term of office prior to such time and date.''.
                                 <all>