AMENDMENT:

To temporarily fill mass vacancies in the House of Representatives and the Senate and to preserve the right of the peop…

Amendment Details:

Date:

May 20, 2009

Type:

Congressional Bills

State of Origin:

Washington (WA)

Congress:

111th Congress (2009-2011)

Summary:

To temporarily fill mass vacancies in the House of Representatives and the Senate and to preserve the right of the people to elect their Representatives and Senators in Congress.

Text:

"SECTION 1. Immediately after taking the oath of of-

Chamber:

House

Sponsor or Proponent:

Baird

Committee of referral:

Judiciary

Comments:

CRS Digest: Constitutional Amendment - Requires an individual elected to serve as a Senator or Representative in Congress, immediately after taking the oath of office, to provide the applicable chamber a list of at least three qualified designees (ranked inorder of preference) to take the individual's place in the event the individual dies, becomes incapacitated, or disappears before the individual's term of office expires. Allows the individual to revise the list at any time during a Congress.Requires: (1) the Speaker of the House, in the eventa catastrophe resulting in the death, incapacity, or disappearance of a significant number of Representatives, to fill the vacancies immediately with individuals from the most recent lists ofdesignees presented by the Representatives whose seats are now vacant; and (2) the Vice President or President Pro Tempore of the Senate to fill such vacancies regarding Senators in the same manner.Declares that an individual designated to takethe place of a Senator or Representative shall serve until the Senator or Representative regains capacity, is located, or until another Member is elected to fill the vacancy.Provides that, during the period of such individual's service, he or sheshall be treated as a Senator or Representative in Congress for purposes of all laws, rules, and regulations, except for providing such list. Requires the Vice President or President Pro Tempore of the Senate or the Speaker of the House to designateanother individual from the same list (in the order so provided on that list) if a designated individual is unwilling to carry out the duties of a Senator or Representative during such period, or is unable to do so because of death, incapacity, ordisappearance. Prohibits any designated individual from providing such a list.Requires: (1) the executive authority of the state involved to issue a writ of election for such office; and (2) the special election to be held as soon as possibleafter an individual is designated to fill the vacancy.Declares that Congress shall: (1) by law establish the criteria for determining whether a Senator or Representative in Congress is dead, incapacitated, or has disappeared; and (2) have thepower to enforce this article through appropriate legislation.
Keywords: Congressional elections; Congressional operations and organization; Constitution and constitutional amendments; Legislative rules and procedure; Members of Congress

Record Source:

United States Congress. Congress.gov: Legislation. Washington, D.C.: U. S. Congress, undated. https://www.congress.gov

Cite As:

The Amendments Project, edited by Jill Lepore and Tobias Resch, 2023, https://amendmentsproject.org [Record Number b111-h00052, accessed 2026-07-16]. Record Source: [United States Congress. Congress.gov: Legislation. Washington, D.C.: U. S. Congress, undated. https://www.congress.gov]