H.J.Res. 89 · 108th Congress
Special Elections/Appointments Provisions bill
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Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
LarsonSponsorNo cosponsors.
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.
What it does: CRS summary · 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.
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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Proposing an amendment to the Constitution of the United States regarding the appointment of individuals to fill vacancies in the House of Representatives.
Latest action (Apr 2, 2004): Referred to the Subcommittee on the Constitution.
Policy area: Congress · Origin: House · Introduced: Mar 11, 2004
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML) · Embed in your story
No recorded floor vote found.