House Vacancies: Selected Proposals for Filling Them After a Catastrophic Loss of Members
Publication Date: June 2004
Publisher: Library of Congress. Congressional Research Service
Author(s):
Research Area: Government
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Abstract:
Since the terrorist attacks of September 11, 2001, and the anthrax incidents that occurred about a month later, some Members of Congress, scholars, and other political observers have been considering options for congressional succession or for temporarily filling multiple House vacancies that could occur due to injury or death of Members in emergency situations. As of this writing, eight such proposals have been introduced in the House or Senate during the 108th Congress. Six of these would amend the Constitution to allow for the temporary appointment of individuals pre-designated by Members (H.J.Res. 77, H.J.Res. 83, and H.J.Res. 92); allow state legislatures or governors to make temporary appointments (H.J.Res. 89); authorize Congress to provide a temporary appointment process (H.J.Res. 90); or authorize Congress to regulate temporarily filling vacancies by law (S.J.Res. 23). The remaining two measures are proposed federal laws. One (H.R. 2844) would require the states to hold expedited special elections. The other (S. 1820), which has been offered as implementing legislation for S.J.Res. 23, would authorize states to develop mechanisms for temporarily filling vacancies in their congressional delegations if a prescribed number of Members is killed, incapacitated, or unable to discharge the duties of office.
Some of the proposals introduced during the 108th Congress are revisions, combinations, or parts of proposals introduced during the 107th Congress. The options that were presented during the 107th Congress included amending the Constitution to provide for temporary appointments to the House; enacting federal legislation to require the states to hold expedited special elections; changing House rules to allow for admitting "emergency Delegates" to the Committee of the Whole; and changing House rules to allow for "interim successors" pre-designated by Members.
Individuals and groups outside Congress also are debating the continuity issue. For example, one privately funded group -- the Continuity of Government Commission -- has recommended adoption of a constitutional amendment that would give Congress the authority to enact legislation to provide for temporary appointments to fill House vacancies after a catastrophic attack and to temporarily fill the seats of incapacitated House and Senate Members. Another group -- the Coalition to Preserve an Elected Congress -- opposes the Commission's proposal and any proposed constitutional amendment that would remove the people's constitutional right to elect their Representatives.
This report will be updated as events warrant. A related document, CRS Report RL32031, House Vacancies: Proposed Constitutional Amendments for Filling Them Due to National Emergencies, by Sula P. Richardson and Paul S. Rundquist, focuses specifically on proposed constitutional amendments for filling House vacancies in national emergencies. See also CRS Electronic Briefing Book, Terrorism, page on "Continuity of Congress," by Paul S. Rundquist, at [http://www.congress.gov/ brbk/html/ebter201.html] .