108TH CONGRESS

2D SESSION H. R. 2844

AN ACT

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.
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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 Rep5 resentation 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 United

10 States (2 U.S.C. 8) is amended—

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

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

13 the time’’; and

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

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

18 ‘‘(1) IN GENERAL.—In extraordinary cir19 cumstances, the executive authority of any State in

20 which a vacancy exists in its representation in the

21 House of Representatives shall issue a writ of elec22 tion to fill such vacancy by special election.

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

24 election held under this subsection to fill a vacancy

25 shall take place not later than 45 days after the
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1 Speaker of the House of Representatives announces

2 that the vacancy exists, unless a regularly scheduled

3 general election for the office involved is to be held

4 at any time during the 75-day period which begins

5 on the date of the announcement of the vacancy.

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

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

8 than 10 days after the Speaker announces that the

9 vacancy exists, the political parties of the State that

10 are authorized to nominate candidates by State law

11 may each nominate one candidate to run in the elec12 tion.

13 ‘‘(4) EXTRAORDINARY CIRCUMSTANCES.—

14 ‘‘(A) IN GENERAL.—In this subsection,

15 ‘extraordinary circumstances’ occur when the

16 Speaker of the House of Representatives an17 nounces that vacancies in the representation

18 from the States in the House exceed 100.

19 ‘‘(B) JUDICIAL REVIEW.—If any action is

20 brought for declaratory or injunctive relief to

21 challenge an announcement made under sub22 paragraph (A), the following rules shall apply:

23 ‘‘(i) Not later than 2 days after the

24 announcement, the action shall be filed in

25 the United States District Court having ju-
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1 risdiction in the district of the Member of

2 the House of Representatives whose seat

3 has been announced to be vacant and shall

4 be heard by a 3-judge court convened pur5 suant to section 2284 of title 28, United

6 States Code.

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

8 delivered promptly to the Clerk of the

9 House of Representatives.

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

11 shall be made within 3 days of the filing

12 of such action and shall not be reviewable.

13 ‘‘(iv) The executive authority of the

14 State that contains the district of the

15 Member of the House of Representatives

16 whose seat has been announced to be va17 cant shall have the right to intervene either

18 in support of or opposition to the position

19 of a party to the case regarding the an20 nouncement of such vacancy.

21 ‘‘(5) PROTECTING ABILITY OF ABSENT MILI22 TARY AND OVERSEAS VOTERS TO PARTICIPATE IN

23 SPECIAL ELECTIONS.—

24 ‘‘(A) DEADLINE FOR TRANSMITTAL OF AB25 SENTEE BALLOTS.—In conducting a special
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1 election held under this subsection to fill a va2 cancy in its representation, the State shall en3 sure to the greatest extent practicable (includ4 ing through the use of electronic means) that

5 absentee ballots for the election are transmitted

6 to absent uniformed services voters and over7 seas voters (as such terms are defined in the

8 Uniformed and Overseas Citizens Absentee Vot9 ing Act) not later than 15 days after the

10 Speaker of the House of Representatives an11 nounces that the vacancy exists.

12 ‘‘(B) PERIOD FOR BALLOT TRANSIT

13 TIME.—Notwithstanding the deadlines referred

14 to in paragraphs (2) and (3), in the case of an

15 individual who is an absent uniformed services

16 voter or an overseas voter (as such terms are

17 defined in the Uniformed and Overseas Citizens

18 Absentee Voting Act), a State shall accept and

19 process any otherwise valid ballot or other elec20 tion material from the voter so long as the

21 ballot or other material is received by the ap22 propriate State election official not later than

23 45 days after the State transmits the ballot or

24 other material to the voter.
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1 ‘‘(6) RULE OF CONSTRUCTION REGARDING FED2 ERAL ELECTION LAWS.—Nothing in this subsection

3 may be construed to affect the application to special

4 elections under this subsection of any Federal law

5 governing the administration of elections for Federal

6 office (including any law providing for the enforce7 ment of any such law), including, but not limited to,

8 the following:

9 ‘‘(A) The Voting Rights Act of 1965 (42

10 U.S.C. 1973 et seq.), as amended.

11 ‘‘(B) The Voting Accessibility for the El12 derly and Handicapped Act (42 U.S.C. 1973ee

13 et seq.), as amended.

14 ‘‘(C) The Uniformed and Overseas Citizens

15 Absentee Voting Act (42 U.S.C. 1973ff et seq.),

16 as amended.

17 ‘‘(D) The National Voter Registration Act

18 of 1993 (42 U.S.C. 1973gg et seq.), as amend19 ed.

20 ‘‘(E) The Americans With Disabilities Act

21 of 1990 (42 U.S.C. 12101 et seq.), as amended.

22 ‘‘(F) The Rehabilitation Act of 1973 (29

23 U.S.C. 701 et seq.), as amended.
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1 ‘‘(G) The Help America Vote Act of 2002

2 (42 U.S.C. 15301 et seq.), as amended.’’.

Passed the House of Representatives April 22, 2004.

Attest:

Clerk.

108TH CONGRESS

2D SESSION H. R. 2844

AN ACT

To require States to hold special elections to fill vaposes. extraordinary circumstances, and for other pur- the Speaker of the House of Representatives in than 45 days after the vacancy is announced by cancies in the House of Representatives not later