39–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–10 

PROVIDING FOR CONSIDERATION OF H.R. 841, 

CONTINUITY IN REPRESENTATION ACT OF 2005 

MARCH 1, 2005.—Referred to the House Calendar and ordered to be printed 

Mr. COLE of Oklahoma, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 125] 

The Committee on Rules, having had under consideration House 

Resolution 125, by a non-record vote, reports the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 841, the Continuity in Representation Act of 2005, under a structured rule. The 

rule provides 60 minutes of general debate with 40 minutes equally 

divided and controlled by the chairman and ranking minority member of the Committee on House Administration and 20 minutes 

equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. 

The rule provides that the amendment in the nature of a substitute recommended by the Committee on House Administration 

now printed in the bill shall be considered as an original bill for 

the purpose of amendment, which shall be considered as read. The 

rule waives all points of order against the committee amendment 

in the nature of a substitute. The rule makes in order only those 

amendments printed in this report, and provides that those amendments may be offered only in the order printed in this report, may 

be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject 

to a demand for a division of the question in the House or in the 

Committee of the Whole. The rule waives all points of order against 

the amendments printed in this report. Finally, the rule provides 

one motion to recommit with or without instructions. 

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The waiver of all points of order against the committee amendment in the nature of a substitute is necessary because it violates 

clause 7 of rule XVI. 

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee Record Vote No. 5 

Date: March 1, 2005. 

Measure: H.R. 841, Continuity in Representation Act of 2005. 

Motion by: Mrs. Slaughter. 

Summary of motion: To grant an open rule. 

Results: Defeated 3 to 7. 

Vote by Members: Hastings (WA)—Nay; Putnam—Nay; Capito— 

Nay; Cole—Nay; Bishop—Nay; Gingrey—Nay; Slaughter—Yea; 

McGovern—Yea; Hastings (FL)—Yea; Dreier—Nay. 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Millender-McDonald: Replaces the bill’s 45-day overall time 

limit for conducting expedited special elections with a 60-day overall time limit. (30 minutes) 

2. Jackson-Lee: Affects the time in which a person may file a 

lawsuit arising out of the Speaker’s announcement of vacancies in 

excess of 100 by expanding the ability of an aggrieved party to file 

suit for either declaratory or injunctive relief from two days to five 

days. Also extends the right to appeal initial decisions on the 45 

day special election and expands who can intervene in the lawsuits 

from the executive authority of the state to any citizen or group of 

citizens. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER 

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

MILLENDER-MCDONALD OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 30 MINUTES

In section 26(b)(2) of the Revised Statutes of the United States, 

as proposed to be added by the bill, strike ‘‘45 days’’ and insert ‘‘60 

days’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSONLEE OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 26(b)(4)(B)(i) of the Revised Statutes of the United 

States, as proposed to be added by the bill, strike ‘‘2 days’’ and insert ‘‘5 days’’. 

In section 26(b)(4)(B)(iii) of the Revised Statutes of the United 

States, as proposed to be added by the bill, insert after ‘‘the action’’ 

the following: ‘‘(taking into account an opportunity for an expedited 

appeal of the initial decision)’’. 

In section 26(b)(4)(B)(iv) of the Revised Statutes of the United 

States, as proposed to be added by the bill, insert after ‘‘vacant’’ the 

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following: ‘‘and any citizen of the district or any group of citizens 

of the State’’. 

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