Proposing an amendment to the Constitution of the United States regarding the appointment of individuals to fill vacancies in the House of Representatives.
Referred to the Subcommittee on the Constitution.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Mar 11, 2004
Constitutional Amendment - Declares that a smaller number than the majority of the House of Representatives may resolve that a vacancy exists in the majority of the number of seats of the House provided by law.
Provides that, after the adoption of a resolution with respect to the vacancy, the State legislature in which a vacancy in the membership of the House exists shall convene a special session to appoint an individual to fill the vacancy.
Requires the chief executive of the State to appoint an individual to fill the vacancy if: (1) the State legislature does not convene a special session during the five-calendar day period which begins on the day after the House adopts the resolution; or (2) the legislature convenes a special session during such period but does not appoint an individual to fill a vacancy in a seat during the three-calendar day period which begins on the date the legislature convenes the special session.
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Declares that an individual appointed under this article shall meet the qualifications for service as a Member of the House and shall serve as a Member until an election is held to fill the original vacancy. Requires that the State provide for such an election at such time and in accordance with such procedures as may be provided by law, except that the individual appointed may not be a candidate in the next election for the House. Provides that such individual shall be a member of the same political party as the Member of the House who previously held the seat.
Grants Congress the power by law to: (1) specify circumstances constituting when a vacancy happens in the Representation from any State in the House; and (2) to address the incapacity of Members of the House.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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