[House Report 108-466]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-466

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PROVIDING FOR CONSIDERATION OF H.R. 2844, CONTINUITY IN REPRESENTATION 
                              ACT OF 2004

                                _______
                                

   April 21, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 602]

    The Committee on Rules, having had under consideration 
House Resolution 602 by a record vote of 6 to 3, reports the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2844, the 
Continuity in Representation Act of 2004, under a structured 
rule. The rule provides 60 minutes of general debate with 40 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on House 
Administration and 20 minutes equally divided and controlled by 
the chairman and ranking minority member of the Committee on 
the Judiciary.
    The rule waives points of order against consideration of 
the bill for failure to comply with clause 3(c)(4) of rule XIII 
(relating to a statement of general performance goals and 
objectives in the report of the Committee on the Judiciary). 
The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill, modified by the amendment printed in part 
A of the report of the Committee on Rules accompanying this 
resolution, shall be considered as an original bill for the 
purpose of amendment, which shall be considered as read. The 
rule makes in order only those amendments printed in this 
report, and provides that those amendments may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. The rule waives all points of 
order against the amendments printed in this report. Finally, 
the rule provides one motion to recommit with or without 
instructions.

        PART A--SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED

    Provides that to the 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 not later than 15 days after the Speaker 
announces the vacancy exists.

              PART B--SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Larson: Strikes out the bill's overall 45-day time frame 
to conduct special elections and substitutes 75 days. (20 
minutes)
    2. Larson: Strikes out paragraph 3 and adds language 
providing that candidates seeking to run in a special election 
would meet requirements for getting on the ballot subject to 
state law, and that states could extend the overall time 
deadline in the bill to accomplish that result. This would also 
ensure that minority party or independent candidates who must 
qualify by petition or other methods retain the right to 
participate in the election. The amendment would strike the 
existing provision in the bill providing a 10-day deadline for 
political parties to nominate candidates. (20 minutes)
    3. Skelton/Maloney: States shall accept and process any 
otherwise valid ballot or other election material from absent 
uniformed services voters or overseas voters so long as the 
ballot or other election 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. (20 minutes)
    4. Jackson-Lee: Changes section of the bill that deals with 
the time in which a person may file a lawsuit arising out of 
the Speaker's announcement of vacancies in the House in excess 
of 100. Expands ability of an aggrieved party to file suit for 
either declaratory or injunctive relief from just 2 days to 7 
days. Also extends the right to appeal decisions on the 45-day 
special state election called for under the Act, and it expands 
the right to sue to citizens, including political party 
representatives. (10 minutes)

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 245

    Date: April 21, 2004.
    Measure: H.R. 2844, Continuity in Representation Act of 
2004.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Larson which provides that nothing in the bill may be construed 
to affect the application to special elections of a series of 
enumerated laws relating to civil rights and voting rights. 
These are the Voting Rights Act of 1965, the Voting 
Accessibility for the Elderly and Handicapped Act, the 
Uniformed and Overseas Citizens Absentee Voting Act, the 
National Voter Registration Act of 1993, the Americans with 
Disabilities Act of 1990, and the Rehabilitation Act of 1973.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 246

    Date: April 21, 2004.
    Measure: H.R. 2844, Continuity in Representation Act of 
2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the following amendments offered en 
bloc: Sherman No. 2; Sherman No. 3; Baird No. 11; Baird No. 13; 
Hooley No. 10; Larson No. 9.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 247

    Date: April 21, 2004.
    Measure: H.R. 2844, Continuity in Representation Act of 
2004.
    Motion by: Mr. McGovern.
    Summary of motion: To provide an additional 60 minutes of 
general debate.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 248

    Date: April 21, 2004.
    Measure: H.R. 2844, Continuity in Representation Act of 
2004.
    Motion by: Mr. Goss.
    Summary of motion: To report the resolution.
    Results: Agreed to 6 to 3.
    Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Frost--Nay; Slaughter--Nay; 
McGovern--Nay; Dreier--Yea.

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  In section 26(b) of the Revised Statutes of the United 
States, as proposed to be added by the bill, add at the end the 
following new paragraph:
          ``(5) Deadline for transmittal of absentee ballots 
        for absent military and overseas voters.--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.''.
                              ----------                              


        PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE


1. An Amendment To Be Offered by Representative Larson of Connecticut, 
               or His Designee, Debatable for 20 Minutes

  In section 26(b)(2) of the Revised Statutes of the United 
States, as proposed to be added by the bill, strike ``45 days'' 
and insert ``75 days''.
                              ----------                              


2. An Amendment To Be Offered by Representative Larson of Connecticut, 
               or His Designee, Debatable for 20 Minutes

  Amend paragraph (3) of section 26(b) of the Revised Statutes 
of the United States, as proposed to be added by the bill, to 
read as follows:
          ``(3) Eligibility of candidates.--
                  ``(A) In general.--A candidate shall be 
                eligible to run in a special election held in a 
                State under this subsection if the candidate 
                meets such requirements as may apply under 
                State law.
                  ``(B) Extension of deadline for election.--A 
                State may extend the deadline provided under 
                paragraph (2) for a special election to the 
                extent the State considers necessary to prepare 
                balloting materials and distribute absentee 
                ballots which include the names of all eligible 
                candidates, and to otherwise ensure that all 
                eligible candidates are given sufficient time 
                to prepare for and participate in the 
                election.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Skelton of Missouri, or 
                 His Designee, Debatable for 20 Minutes

  In section 26(b) of the Revised Statutes of the United 
States, as proposed to be added by the bill, add at the end the 
following new paragraph:
          ``(5) Period for ballot transit time for absent 
        military and overseas voters.--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.''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  In section 26(b)(4)(C)(i) of the Revised Statutes of the 
United States, as proposed to be added by the bill, strike ``2 
days'' and insert ``7 days''.
  In section 26(b)(4)(C)(iii) of the Revised Statutes of the 
United States, as proposed to be added by the bill, insert 
after ``the action'' the following: ``(taking into account an 
opportunity for an expedited appeal of the initial decision)''.
  In section 26(b)(4)(C)(iv) of the Revised Statutes of the 
United States, as proposed to be added by the bill, insert 
after ``vacant'' the following: ``any citizen of the district 
and any political party of the State''.

                                
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