A joint resolution proposing an amendment to the Constitution of the United States regarding the appointment of individuals to serve as Members of the House of Representatives in the event a significant number of Members are unable to serve at any time because of death or incapacity.
Committee on the Judiciary referred to Subcommittee on Constitution.
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Dec 20, 2001
Constitutional Amendment - Provides that if at any time 50 percent or more of the Members of the House of Representatives are unable to carry out their duties because of death or incapacity, each Governor of a State represented by such a Member shall appoint a qualified individual to take the Member's place as soon as practicable, but no later than seven days, after certification of the Member's death or incapacity.Requires an individual appointed to take the place of the Member to: (1) be a Member of the same political party as the Member who is being replaced; and (2) serve until a Member is elected to fill the vacancy by a special election to be held at any time during the 90-day period which begins on the date of the individual's appointment, in accordance with the applicable election laws of the State involved. Declares, however, that if a regularly scheduled general election for the office will be held during such period or 30 days thereafter, no special election shall be held and the Member elected in such regularly scheduled general election shall fill the vacancy upon election. Allows such appointed individual to be a candidate in such a special election or in such a regularly scheduled general election.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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