[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 49 Introduced in House (IH)]






109th CONGRESS
  1st Session
H. J. RES. 49

    Proposing an amendment to the Constitution of the United States 
  regarding the appointment of individuals to serve as Members of the 
 House of Representatives when, in a national emergency, a significant 
  number of Members are unable to serve due to death, resignation, or 
                              incapacity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2005

     Ms. Zoe Lofgren of California 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 serve as Members of the 
 House of Representatives when, in a national emergency, a significant 
  number of Members are unable to serve due to death, resignation, 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 seven years after the date of its submission for 
ratification:

                              ``Article --

    ``Section 1. With the approval of two thirds of each House of 
Congress, Congress may by law provide for the appointment of temporary 
members of the House of Representatives to serve during any period in 
which 30 percent or more of the seats of the House of Representatives 
are vacant due to death, resignation, or incapacity.
    ``Section 2. Any temporary member appointed pursuant to a law 
enacted to carry out this article shall serve until a member is elected 
to fill the vacancy in accordance with the applicable laws regarding 
special elections in the State involved or until the expiration of the 
6-month period which begins on the first day of the temporary member's 
service, whichever occurs earlier.''.
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