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-
fice, an individual who is elected to serve as a Senator
or Representative in Congress shall provide the applicable
House of Congress a list of at least three designees,
ranked in order of preference, to take the individual's
place in the event the individual dies, becomes incapaci-
tated, or disappears prior to the expiration of the individ-
ual's term of office. The individual shall ensure that the
list only contains the names of designees who meet the
qualifications for service as a Senator or Representative
in Congress. The individual may present revised versions
of the list at any time during the Congress.
"SECTION 2. In the event a catastrophe results in the
death, incapacity, or disappearance of a significant num-
ber of Representatives, the Speaker of the House shall im-
mediately fill the vacancies with individuals from the most
recent lists of designees (in the order so provided on the
lists) presented by the Representatives whose seats are
now vacant, as provided by section 1. In the event that
a catastrophe results in the death, incapacity, or dis-
appearance of a significant number of Senators, the Vice
President or President Pro Tempore of the Senate shall
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"ARTICLE-
immediately fill the vacancies with individuals from the
most recent lists of designees (in the order so provided
on the lists) presented by the Senators whose seats are
now vacant, as provided by section 1. An individual des-
ignated to take the place of a Senator or Representative
shall serve until the Senator or Representative regains ca-
pacity, is located, or until another Member is elected to
fill the vacancy.
"SECTION 3. During the period of an individual's
service under section 2, the individual shall be treated as
a Senator or Representative in Congress for purposes of
all laws, rules, and regulations, but not for purposes of
section 1. If an individual designated under section 2 is
unwilling to carry out the duties of a Senator or Rep-
resentative during such period, or is unable to do so be-
cause of death, incapacity, or disappearance, the Vice
President or President Pro Tempore of the Senate or the
Speaker of the House shall designate another individual
from the same list of designees (in the order so provided
on that list) presented under section 1 from which the in-
dividual was designated. Any individual so designated
shall be considered to have been designated under section
2.
"SECTION 4. If an individual is designated to fill a
vacancy in an office of a Senator or Representative under
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section 2, the executive authority of the State involved
shall issue a writ of election for such office. The special
election shall be held as soon as possible after the indi-
vidual is designated under section 2.
"SECTION 5. Congress shall by law establish the cri-
teria for determining whether a Senator or Representative
in Congress is dead, incapacitated, or has disappeared,
and shall have the power to enforce this article through
appropriate legislation.
"SECTION 6. This article shall take effect at the be-
ginning of the first Congress that convenes after its ratifi-
cation.".
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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]