IB 

Union Calendar No. 233

108TH CONGRESS 

2D SESSION H. R. 2844

[Report No. 108–404, Parts I and II] 

To require States to hold special elections to fill vacancies in the House 

of Representatives not later than 21 days after the vacancy is announced 

by the Speaker of the House of Representatives in extraordinary circumstances, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2003

Mr. SENSENBRENNER (for himself, Mr. DREIER, Mrs. MILLER of Michigan, 

Mr. COLE, Mr. CHABOT, and Mr. PAUL) introduced the following bill; 

which was referred to the Committee on House Administration. 

DECEMBER 8, 2003

Reported from the Committee on House Administration with amendments; referred to the Committee on the Judiciary for a period ending not later 

than January 31, 2004, for consideration of such provisions of the bill 

and amendment as fall within the jurisdiction of that committee pursuant 

to clause 1(k), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

JANUARY 28, 2004

Additional sponsors: Mr. CONYERS, Mr. BARTLETT of Maryland, Mr. COX, 

and Mr. BERMAN

JANUARY 28, 2004

Reported from the Committee on the Judiciary with amendments, committed 

to the Committee of the Whole House on the State of the Union, and 

ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in boldface roman] 

[For text of introduced bill, see copy of bill as introduced on July 24, 2003] 

A BILL

To require States to hold special elections to fill vacancies 

in the House of Representatives not later than 21 days 

after the vacancy is announced by the Speaker of the 

House of Representatives in extraordinary circumstances, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuity in Represen5 tation Act of 2003’’. 

6 SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO 

7 FILL VACANCIES IN HOUSE IN EXTRAOR8 DINARY CIRCUMSTANCES. 

9 Section 26 of the Revised Statutes of the United States 

10 (2 U.S.C. 8) is amended—

11 (1) by striking ‘‘The time’’ and inserting ‘‘(a) IN

12 GENERAL.—Except as provided in subsection (b), the 

13 time’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(b) SPECIAL RULES IN EXTRAORDINARY CIR17 CUMSTANCES.—
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1 ‘‘(1) IN GENERAL.—In extraordinary cir2 cumstances, the executive authority of any State in 

3 which a vacancy exists in its representation in the 

4 House of Representatives shall issue a writ of election 

5 to fill such vacancy by special election. 

6 ‘‘(2) TIMING OF SPECIAL ELECTION.—A special 

7 election held under this subsection to fill a vacancy 

8 shall take place not later than 45 days after the 

9 Speaker of the House of Representatives announces 

10 that the vacancy exists, unless a regularly scheduled 

11 general election for the office involved is to be held at 

12 any time during the 75-day period which begins on 

13 the date of the announcement of the vacancy. 

14 ‘‘(3) NOMINATIONS BY PARTIES.—If a special 

15 election is to be held under this subsection, not later 

16 than 10 days after the Speaker announces that the va17 cancy exists, the political parties of the State that are 

18 authorized to nominate candidates by State law may 

19 each nominate one candidate to run in the election. 

20 ‘‘(4) EXTRAORDINARY CIRCUMSTANCES.—

21 ‘‘(A) IN GENERAL.—In this subsection, ‘ex22 traordinary circumstances’ occur when the 

23 Speaker of the House of Representatives an24 nounces that vacancies in the representation 

25 from the States in the House exceed 100. 
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1 ‘‘(B) JUDICIAL REVIEW.—If any action is 

2 brought for declaratory or injunctive relief to 

3 challenge an announcement made under sub4 paragraph (A), the following rules shall apply: 

5 ‘‘(i) Not later than 2 days after the an6 nouncement, the action shall be filed in the 

7 United States District Court having juris8 diction in the district of the Member of the 

9 House of Representatives whose seat has 

10 been announced to be vacant and shall be 

11 heard by a 3-judge court convened pursuant 

12 to section 2284 of title 28, United States 

13 Code. 

14 ‘‘(ii) A copy of the complaint shall be 

15 delivered promptly to the Clerk of the House 

16 of Representatives. 

17 ‘‘(iii) A final decision in the action 

18 shall be made within 3 days of the filing of 

19 such action and shall not be reviewable. 

20 ‘‘(iv) The executive authority of the 

21 State that contains the district of the Mem22 ber of the House of Representatives whose 

23 seat has been announced to be vacant shall 

24 have the right to intervene either in support 

25 of or opposition to the position of a party 
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1 to the case regarding the announcement of 

2 such vacancy.’’.

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuity 

5 in Representation Act of 2004’’. 

6 SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO 

7 FILL VACANCIES IN HOUSE IN EXTRAOR8 DINARY CIRCUMSTANCES. 

9 Section 26 of the Revised Statutes of the 

10 United States (2 U.S.C. 8) is amended—

11 (1) by striking ‘‘The time’’ and insert12 ing ‘‘(a) IN GENERAL.—Except as provided 

13 in subsection (b), the time’’; and 

14 (2) by adding at the end the following 

15 new subsection: 

16 ‘‘(b) SPECIAL RULES IN EXTRAORDINARY CIR17 CUMSTANCES.—

18 ‘‘(1) IN GENERAL.—In extraordinary 

19 circumstances, the executive authority of 

20 any State in which a vacancy exists in its 

21 representation in the House of Rep22 resentatives shall issue a writ of election 

23 to fill such vacancy by special election. 

24 ‘‘(2) TIMING OF SPECIAL ELECTION.—A 

25 special election held under this sub-
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1 section to fill a vacancy shall take place 

2 not later than 45 days after the Speaker 

3 of the House of Representatives an4 nounces that the vacancy exists, unless a 

5 regularly scheduled general election for 

6 the office involved is to be held at any 

7 time during the 75-day period which be8 gins on the date of the announcement of 

9 the vacancy. 

10 ‘‘(3) NOMINATIONS BY PARTIES.—If a 

11 special election is to be held under this 

12 subsection, not later than 10 days after 

13 the Speaker announces that the vacancy 

14 exists, the political parties of the State 

15 that are authorized to nominate can16 didates by State law may each nominate 

17 one candidate to run in the election. 

18 ‘‘(4) EXTRAORDINARY CIRCUMSTANCES.—

19 ‘‘(A) IN GENERAL.—In this sub20 section, ‘extraordinary circumstances’

21 occur when the Speaker of the House 

22 of Representatives announces that 

23 vacancies in the representation from 

24 the States in the House exceed 100. 
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1 ‘‘(B) JUDICIAL REVIEW.—If any ac2 tion is brought for declaratory or in3 junctive relief to challenge an an4 nouncement made under subpara5 graph (A), the following rules shall 

6 apply: 

7 ‘‘(i) Not later than 2 days after 

8 the announcement, the action 

9 shall be filed in the United States 

10 District Court having jurisdiction 

11 in the district of the Member of 

12 the House of Representatives 

13 whose seat has been announced 

14 to be vacant and shall be heard 

15 by a 3-judge court convened pur16 suant to section 2284 of title 28, 

17 United States Code. 

18 ‘‘(ii) A copy of the complaint 

19 shall be delivered promptly to the 

20 Clerk of the House of Representa21 tives. 

22 ‘‘(iii) A final decision in the 

23 action shall be made within 3 

24 days of the filing of such action 

25 and shall not be reviewable. 
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1 ‘‘(iv) The executive authority 

2 of the State that contains the dis3 trict of the Member of the House 

4 of Representatives whose seat has 

5 been announced to be vacant 

6 shall have the right to intervene 

7 either in support of or opposition 

8 to the position of a party to the 

9 case regarding the announcement 

10 of such vacancy.’’.

Amend the title so as to read: ‘‘A bill to require States 

to hold special elections to fill vacancies in the House of 

Representatives not later than 45 days after the vacancy 

is announced by the Speaker of the House of Representatives in extraordinary circumstances, and for other purposes.’’. 

Union Calendar No. 233

108TH CONGRESS 

2D SESSION H. R. 2844

[Report No. 108–404, Parts I and II] 

A BILL

To require States to hold special elections to fill vacancies in the House of Representatives not later 

than 21 days after the vacancy is announced by the Speaker of the House of Representatives in extraordinary circumstances, and for other purposes. 

JANUARY 28, 2004

Reported from the Committee on the Judiciary with 

amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed