[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 26 Introduced in House (IH)]

112th 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 11, 2011

 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 
                 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 and been elected together with an Alternate Representative. 
Alternate Representatives shall serve during the term of their 
Representative, and their tenure shall end when a new Representative 
and Alternate Representatives are elected for the same constituency. 
Such new Representative and Alternate Representative shall assume 
office immediately upon election whenever there is a vacancy in the 
office of Representative.
    ``Section 2. Upon the death, resignation, or expulsion 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 
or failed to qualify, the duties and powers of the office of 
Representative shall be discharged by his Alternate as Acting 
Representative until the Representative-elect shall have qualified or 
until a new Representative and Alternate Representative are elected.
    ``Section 3. Whenever the House of Representatives declares that a 
Representative is unable to discharge the powers and duties of his 
office, or a Representative transmits to the Speaker of the House of 
Representatives his written declaration that he is unable to discharge 
such powers and duties, such powers and duties shall be discharged by 
his Alternate 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 
immediately resume the powers and duties of the office of 
Representative.
    ``Section 4. No person shall be a Senator who has not selected and 
been elected together with an Alternate Senator. Alternate Senators 
shall serve during the term of their Senator, and their tenure in 
office shall end when a new Senator and Alternate Senator are elected 
for the same state and class of Senators. Such elected Senator and 
Alternate Senator shall assume office immediately upon election 
whenever there is a vacancy in the office of Senator.
    ``Section 5. Upon the death, resignation, or expulsion 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 or failed to qualify, 
the duties and powers of the office of Senator shall be discharged by 
his Alternate as Acting Senator until the Senator-elect shall have 
qualified, or until a new Senator and Alternate Senator are elected.
    ``Section 6. Whenever the Senate declares that a Senator is unable 
to discharge the powers and duties of his office, or a Senator 
transmits to the President pro tempore of the Senate his written 
declaration that he is unable to discharge such powers and duties, such 
powers and duties shall be discharged by his Alternate 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 immediately resume the powers and duties of the office 
of Senator.
    ``Section 7. 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 in 
the absence of a qualified Alternate when there is a vacancy in the 
office of Senator, or when, pursuant to section 6 or section 9 of this 
article, the Senator has been declared unable to discharge the powers 
and duties of his office.
    ``Section 8. Alternate and Acting 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 9. In the absence of a quorum for three days or more, 
each House may declare all of its members who have not recorded their 
presence during such period to be unable to discharge the powers and 
duties of their offices. In such a case, such powers and duties of each 
such member shall be discharged by the member's Alternate until such 
member records his presence.
    ``Section 10. The Congress shall have power to enforce this article 
by appropriate legislation.
    ``Section 11. 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 4 of this article shall not apply to any person who had 
begun his current term of office prior to the effective date of this 
article.''.
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