[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 841 Engrossed in House (EH)]


  1st Session

                               H. R. 841

_______________________________________________________________________

                                 AN ACT

 To require States to hold special elections to fill vacancies in the 
 House of Representatives not later than 49 days after the vacancy is 
      announced by the Speaker of the House of Representatives in 
          extraordinary circumstances, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 841

_______________________________________________________________________

                                 AN ACT


 
 To require States to hold special elections to fill vacancies in the 
 House of Representatives not later than 49 days after the vacancy is 
      announced by the Speaker of the House of Representatives in 
          extraordinary circumstances, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continuity in Representation Act of 
2005''.

SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN THE 
              HOUSE IN EXTRAORDINARY CIRCUMSTANCES.

    Section 26 of the Revised Statutes of the United States (2 U.S.C. 
8) is amended--
            (1) by striking ``The time'' and inserting ``(a) In 
        General.--Except as provided in subsection (b), the time''; and
            (2) by adding at the end the following new subsection:
    ``(b) Special Rules in Extraordinary Circumstances.--
            ``(1) In general.--In extraordinary circumstances, the 
        executive authority of any State in which a vacancy exists in 
        its representation in the House of Representatives shall issue 
        a writ of election to fill such vacancy by special election.
            ``(2) Timing of special election.--A special election held 
        under this subsection to fill a vacancy shall take place not 
        later than 49 days after the Speaker of the House of 
        Representatives announces that the vacancy exists, unless, 
        during the 75-day period which begins on the date of the 
        announcement of the vacancy--
                    ``(A) a regularly scheduled general election for 
                the office involved is to be held; or
                    ``(B) another special election for the office 
                involved is to be held, pursuant to a writ for a 
                special election issued by the chief executive of the 
                State prior to the date of the announcement of the 
                vacancy.
            ``(3) Nominations by parties.--If a special election is to 
        be held under this subsection, the determination of the 
        candidates who will run in such election shall be made--
                    ``(A) by nominations made not later than 10 days 
                after the Speaker announces that the vacancy exists by 
                the political parties of the State that are authorized 
                by State law to nominate candidates for the election; 
                or
                    ``(B) by any other method the State considers 
                appropriate, including holding primary elections, that 
                will ensure that the State will hold the special 
                election within the deadline required under paragraph 
                (2).
            ``(4) Extraordinary circumstances.--
                    ``(A) In general.--In this subsection, 
                `extraordinary circumstances' occur when the Speaker of 
                the House of Representatives announces that vacancies 
                in the representation from the States in the House 
                exceed 100.
                    ``(B) Judicial review.--If any action is brought 
                for declaratory or injunctive relief to challenge an 
                announcement made under subparagraph (A), the following 
                rules shall apply:
                            ``(i) Not later than 2 days after the 
                        announcement, the action shall be filed in the 
                        United States District Court having 
                        jurisdiction in the district of the Member of 
                        the House of Representatives whose seat has 
                        been announced to be vacant and shall be heard 
                        by a 3-judge court convened pursuant to section 
                        2284 of title 28, United States Code.
                            ``(ii) A copy of the complaint shall be 
                        delivered promptly to the Clerk of the House of 
                        Representatives.
                            ``(iii) A final decision in the action 
                        shall be made within 3 days of the filing of 
                        such action and shall not be reviewable.
                            ``(iv) The executive authority of the State 
                        that contains the district of the Member of the 
                        House of Representatives whose seat has been 
                        announced to be vacant shall have the right to 
                        intervene either in support of or opposition to 
                        the position of a party to the case regarding 
                        the announcement of such vacancy.
            ``(5) Protecting ability of absent military and overseas 
        voters to participate in special elections.--
                    ``(A) Deadline for transmittal of absentee 
                ballots.--In conducting a special election held under 
                this subsection to fill a vacancy in its 
                representation, the State shall ensure to the greatest 
                extent practicable (including through the use of 
                electronic means) that absentee ballots for the 
                election are transmitted to absent uniformed services 
                voters and overseas voters (as such terms are defined 
                in the Uniformed and Overseas Citizens Absentee Voting 
                Act) not later than 15 days after the Speaker of the 
                House of Representatives announces that the vacancy 
                exists.
                    ``(B) Period for ballot transit time.--
                Notwithstanding the deadlines referred to in paragraphs 
                (2) and (3), in the case of an individual who is an 
                absent uniformed services voter or an overseas voter 
                (as such terms are defined in the Uniformed and 
                Overseas Citizens Absentee Voting Act), a State shall 
                accept and process any otherwise valid ballot or other 
                election material from the voter so long as the ballot 
                or other material is received by the appropriate State 
                election official not later than 45 days after the 
                State transmits the ballot or other material to the 
                voter.
            ``(6) Application to district of columbia and 
        territories.--This subsection shall apply--
                    ``(A) to a Delegate or Resident Commissioner to the 
                Congress in the same manner as it applies to a Member 
                of the House of Representatives; and
                    ``(B) to the District of Columbia, the Commonwealth 
                of Puerto Rico, American Samoa, Guam, and the United 
                States Virgin Islands in the same manner as it applies 
                to a State, except that a vacancy in the representation 
                from any such jurisdiction in the House shall not be 
                taken into account by the Speaker in determining 
                whether vacancies in the representation from the States 
                in the House exceed 100 for purposes of paragraph 
                (4)(A).
            ``(7) Rule of construction regarding federal election 
        laws.--Nothing in this subsection may be construed to affect 
        the application to special elections under this subsection of 
        any Federal law governing the administration of elections for 
        Federal office (including any law providing for the enforcement 
        of any such law), including, but not limited to, the following:
                    ``(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 
                et seq.), as amended.
                    ``(B) The Voting Accessibility for the Elderly and 
                Handicapped Act (42 U.S.C. 1973ee et seq.), as amended.
                    ``(C) The Uniformed and Overseas Citizens Absentee 
                Voting Act (42 U.S.C. 1973ff et seq.), as amended.
                    ``(D) The National Voter Registration Act of 1993 
                (42 U.S.C. 1973gg et seq.), as amended.
                    ``(E) The Americans With Disabilities Act of 1990 
                (42 U.S.C. 12101 et seq.), as amended.
                    ``(F) The Rehabilitation Act of 1973 (29 U.S.C. 701 
                et seq.), as amended.
                    ``(G) The Help America Vote Act of 2002 (42 U.S.C. 
                15301 et seq.), as amended.''.

            Passed the House of Representatives March 3, 2005.

            Attest:

                                                                 Clerk.