II 

116TH CONGRESS 

2D SESSION S. 3950 

To establish a panel of constitutional experts to recommend to Congress 

an appropriate process for providing for the case of the death of a 

candidate in a contingent presidential or vice-presidential election. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2020 

Mr. PORTMAN introduced the following bill; which was read twice and referred 

to the Committee on Rules and Administration 

A BILL 

To establish a panel of constitutional experts to recommend 

to Congress an appropriate process for providing for 

the case of the death of a candidate in a contingent 

presidential or vice-presidential election. 

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 ‘‘Twentieth Amendment 

5 Section Four Study Act’’. 


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1 SEC. 2. ESTABLISHMENT OF A PANEL. 

2 (a) ESTABLISHMENT.—There is established the 

3 ‘‘Twentieth Amendment Section Four Panel’’ (in this Act 

4 referred to as the ‘‘Panel’’). 

5 (b) MEMBERSHIP.— 

6 (1) IN GENERAL.—The Panel shall be composed 

7 of 6 constitutional experts, of whom— 

8 (A) 1 shall be appointed by the majority 

9 leader of the Senate; 

10 (B) 1 shall be appointed by the minority 

11 leader of the Senate; 

12 (C) 1 shall be appointed jointly by the ma13 jority and minority leader of the Senate; 

14 (D) 1 shall be appointed by the Speaker of 

15 the House of Representatives; 

16 (E) 1 shall be appointed by minority leader 

17 of the House of Representatives; and 

18 (F) 1 shall be appointed jointly by the 

19 Speaker of the House of Representatives and 

20 the minority leader of the House of Representa21 tives. 

22 (2) DATE.—The appointments of the members 

23 of the Panel shall be made not later than 180 days 

24 after the date of enactment of this Act. 

25 (3) VACANCY.—Any vacancy occurring in the 

26 membership of the Panel shall be filled in the same 


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1 manner in which the original appointment was 

2 made. 

3 (4) CHAIRPERSON AND VICE CHAIRPERSON.— 

4 The Panel shall select a Chairperson and Vice 

5 Chairperson from among the members of the Panel. 

6 (c) PURPOSE.—The purpose of the Panel shall be to 

7 recommend to Congress model legislation, which shall pro8 vide for an appropriate process, pursuant to section 4 of 

9 the Twentieth Amendment to the United States Constitu10 tion, to resolve any vacancy created by the death of a can11 didate in a contingent presidential or vice-presidential 

12 election. 

13 (d) REPORTS.— 

14 (1) INITIAL REPORT.—Not later than 1 year 

15 after the date on which all of the appointments have 

16 been made under subsection (b)(2), the Panel shall 

17 submit to Congress an interim report containing the 

18 Panel’s findings, conclusions, and recommendations. 

19 (2) FINAL REPORT.—Not later than 6 months 

20 after the submission of the interim report under 

21 paragraph (1), the Panel shall submit to Congress a 

22 final report containing the Panel’s findings, conclu23 sions, and recommendations. 

24 (e) MEETINGS; INFORMATION.— 


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1 (1) IN GENERAL.—Meetings of the Panel shall 

2 be held at the Law Library of Congress. 

3 (2) INFORMATION.—The Panel may secure 

4 from the Law Library of Congress such information 

5 as the Panel considers necessary to carry out the 

6 provisions of this section. 

7 (f) FUNDS.— 

8 (1) COMPENSATION OF MEMBERS.—Members of 

9 the Panel shall receive no compensation. 

10 (2) OTHER FUNDING.—No amounts shall be 

11 appropriated for the purposes of this Act, except for 

12 any amounts strictly necessary for the Law Library 

13 of Congress to execute its responsibilities under sub14 section (e). 

15 (g) TERMINATION.— 

16 (1) IN GENERAL.—The panel established under 

17 subsection (a) shall terminate 90 days after the date 

18 on which the panel submits the final report required 

19 under subsection (d)(2). 

20 (2) RECORDS.—Upon termination of the panel, 

21 all of its records shall become the records of the Sec22 retary of the Senate and the Clerk of the House of 

23 Representatives. 

Æ 


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