[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 52 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. J. RES. 52

  Proposing an amendment to the Constitution of the United States to 
temporarily fill mass vacancies in the House of Representatives and the 
     Senate and to preserve the right of the people to elect their 
               Representatives and Senators in Congress.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2009

 Mr. Baird (for himself and Mr. Rohrabacher) 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 to 
temporarily fill mass vacancies in the House of Representatives and the 
     Senate and to preserve the right of the people to elect their 
               Representatives and Senators in Congress.

    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. Immediately after taking the oath of office, an 
individual who is elected to serve as a Senator or Representative in 
Congress shall provide the applicable House of Congress a list of at 
least three designees, ranked in order of preference, to take the 
individual's place in the event the individual dies, becomes 
incapacitated, or disappears prior to the expiration of the 
individual's term of office. The individual shall ensure that the list 
only contains the names of designees who meet the qualifications for 
service as a Senator or Representative in Congress. The individual may 
present revised versions of the list at any time during the Congress.
    ``Section 2. In the event a catastrophe results in the death, 
incapacity, or disappearance of a significant number of 
Representatives, the Speaker of the House shall immediately fill the 
vacancies with individuals from the most recent lists of designees (in 
the order so provided on the lists) presented by the Representatives 
whose seats are now vacant, as provided by section 1. In the event that 
a catastrophe results in the death, incapacity, or disappearance of a 
significant number of Senators, the Vice President or President Pro 
Tempore of the Senate shall immediately fill the vacancies with 
individuals from the most recent lists of designees (in the order so 
provided on the lists) presented by the Senators whose seats are now 
vacant, as provided by section 1. An individual designated to take the 
place of a Senator or Representative shall serve until the Senator or 
Representative regains capacity, is located, or until another Member is 
elected to fill the vacancy.
    ``Section 3. During the period of an individual's service under 
section 2, the individual shall be treated as a Senator or 
Representative in Congress for purposes of all laws, rules, and 
regulations, but not for purposes of section 1. If an individual 
designated under section 2 is unwilling to carry out the duties of a 
Senator or Representative during such period, or is unable to do so 
because of death, incapacity, or disappearance, the Vice President or 
President Pro Tempore of the Senate or the Speaker of the House shall 
designate another individual from the same list of designees (in the 
order so provided on that list) presented under section 1 from which 
the individual was designated. Any individual so designated shall be 
considered to have been designated under section 2.
    ``Section 4. If an individual is designated to fill a vacancy in an 
office of a Senator or Representative under section 2, the executive 
authority of the State involved shall issue a writ of election for such 
office. The special election shall be held as soon as possible after 
the individual is designated under section 2.
    ``Section 5. Congress shall by law establish the criteria for 
determining whether a Senator or Representative in Congress is dead, 
incapacitated, or has disappeared, and shall have the power to enforce 
this article through appropriate legislation.
    ``Section 6. This article shall take effect at the beginning of the 
first Congress that convenes after its ratification.''.
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