Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 479.
Congressional Research Service
Official summary
Version 36 · Passed House amended · Apr 22, 2004
Continuity in Representation Act of 2004 - Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections to fill vacancies in the House of Representatives within 45 days after a vacancy is announced by the Speaker of the House in the extraordinary circumstance that vacancies in representation from the States exceed 100. Waives the 45-day requirement if a regularly scheduled general election for the office involved is to be held at any time within a 75-day period beginning on the date of the vacancy announcement.
Permits the political parties of a State that are authorized to nominate candidates by State law to each nominate one candidate to run in the special election not later than ten days after the Speaker announces that the vacancy exists.
Sets forth requirements for judicial review of any action which is brought for declaratory or injunctive relief to challenge an announcement made under this Act. Requires a final decision in an action to be made within three days of filing of such action. Makes a final decision non-reviewable.
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Provides that in conducting a special election under this Act to fill a vacancy in its representation, the State is required to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for election are transmitted to absent uniformed services voters and overseas voters not later than 15 days after the Speaker of the House announces that the vacancy exists. Provides that in the case of an individual who is an absent uniformed services voter or an overseas voter, a State is required to 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.
Declares that nothing in these Special Rules in Extraordinary Circumstances may be construed to affect the application to special elections under such Rules 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: (1) the Voting Rights Act of 1965, as amended; (2) the Voting Accessibility for the Elderly and Handicapped Act, as amended; (3) the Uniformed and Overseas Citizens Absentee Voting Act, as amended; (4) the National Voter Registration Act of 1993, as amended; (5) the Americans With Disabilities Act of 1990, as amended; (6) the Rehabilitation Act of 1973, as amended; and (7) the Help America Vote Act of 2002, as amended.
On motion to recommit with instructions Agreed to by voice vote. (text: CR H2333-2334)
The previous question on the motion to recommit with instructions was ordered without objection.
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Watt (NC) motion to recommit with instructions. The instructions contained in the motion seek to add a section to the bill providing a rule of construction regarding Federal election laws.
Mr. Watt moved to recommit with instructions to House Administration. (consideration: CR H2333-2334)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2844.
Motion to strike the enacting clause withdrawn.
Floor summary: DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Baird preferential motion to strike the enacting clause.
Mr. Baird moved to strike the enacting clause. (consideration: CR H2332-2333; text: CR H2332)
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
DEBATE - Pursuant to the provisions of H. Res. 602, the Committee of the Whole proceeded with 10 minutes of debate on the Schiff amendment.
DEBATE - Pursuant to the provisions of H. Res. 602, the Committee of the Whole proceeded with twenty minutes of debate on the Maloney amendment.
POSTPONED VOTE - At the conclusion of debate on the Larson (CT) amendment, the Chair put the question on the amendment and by voice vote announced that the noes had prevailed. Mr. Larson (CT) requested a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to House Resolution 602 the Committee of the Whole proceeded with twenty minutes of debate on the Larson (CT) amendment.
POSTPONED VOTE - At the conclusion of debate on the Larson (CT) amendment, the Chair put the question on the amendment and by voice vote announced that the noes had prevailed. Mr. Larson (CT) requested a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to House Resolution 602, the Committee of the Whole proceeded with twenty minutes of debate on the Larson (CT) amendment.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2844.
The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 602 and Rule XVIII.
Rule provides for consideration of H.R. 2844 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment. Measure will be considered read. Specified amendments are in order.
Considered under the provisions of rule H. Res. 602. (consideration: CR H2311-2335; text of measure as reported in House: CR H2323)
Rule H. Res. 602 passed House.
Rules Committee Resolution H. Res. 602 Reported to House. Rule provides for consideration of H.R. 2844 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. 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 the resolution shall be considered as an original bill for the purpose of amendment. Measure will be considered read. Specified amendments are in order.
Placed on the Union Calendar, Calendar No. 233.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-404, Part II.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-404, Part II.
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 10.
Committee Consideration and Mark-up Session Held.
Referred sequentially to the House Committee on the Judiciary for a period ending not later than Jan. 31, 2004 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.
Reported (Amended) by the Committee on House Administration. H. Rept. 108-404, Part I.
Reported (Amended) by the Committee on House Administration. H. Rept. 108-404, Part I.
Ordered to be Reported (Amended) by the Yeas and Nays: 4 - 3.
Committee Consideration and Mark-up Session Held.
Committee Hearings Held.
Referred to the House Committee on House Administration.
Introduced in House
Introduced in House
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