IA 

112TH CONGRESS 

1ST SESSION H. J. RES. 26 

Proposing an amendment to the Constitution of the United States relating 

to Congressional succession. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2011 

Mr. ROHRABACHER introduced the following joint resolution; which was 

referred to the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States relating to Congressional succession. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States within seven years after the date of its submission 

9 for ratification: 


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1 ‘‘ARTICLE— 

2 ‘‘SECTION 1. No person shall be a Representative who 

3 has not selected and been elected together with an Alter4 nate Representative. Alternate Representatives shall serve 

5 during the term of their Representative, and their tenure 

6 shall end when a new Representative and Alternate Rep7 resentatives are elected for the same constituency. Such 

8 new Representative and Alternate Representative shall as9 sume office immediately upon election whenever there is 

10 a vacancy in the office of Representative. 

11 ‘‘SECTION 2. Upon the death, resignation, or expul12 sion of a Representative, or if at the time fixed for the 

13 beginning of the term of the Representative-elect, the Rep14 resentative-elect shall have died or failed to qualify, the 

15 duties and powers of the office of Representative shall be 

16 discharged by his Alternate as Acting Representative until 

17 the Representative-elect shall have qualified or until a new 

18 Representative and Alternate Representative are elected. 

19 ‘‘SECTION 3. Whenever the House of Representatives 

20 declares that a Representative is unable to discharge the 

21 powers and duties of his office, or a Representative trans22 mits to the Speaker of the House of Representatives his 

23 written declaration that he is unable to discharge such 

24 powers and duties, such powers and duties shall be dis25 charged by his Alternate as Acting Representative. ThereVerDate Mar 15 2010 01:11 Feb 12, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HJ26.IH HJ26

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1 after, when the Representative transmits to the Speaker 

2 of the House of Representatives his written declaration 

3 that no such inability exists, he shall immediately resume 

4 the powers and duties of the office of Representative. 

5 ‘‘SECTION 4. No person shall be a Senator who has 

6 not selected and been elected together with an Alternate 

7 Senator. Alternate Senators shall serve during the term 

8 of their Senator, and their tenure in office shall end when 

9 a new Senator and Alternate Senator are elected for the 

10 same state and class of Senators. Such elected Senator 

11 and Alternate Senator shall assume office immediately 

12 upon election whenever there is a vacancy in the office 

13 of Senator. 

14 ‘‘SECTION 5. Upon the death, resignation, or expul15 sion of a Senator, or if at the time fixed for the beginning 

16 of the term of the Senator-elect, the Senator-elect shall 

17 have died or failed to qualify, the duties and powers of 

18 the office of Senator shall be discharged by his Alternate 

19 as Acting Senator until the Senator-elect shall have quali20 fied, or until a new Senator and Alternate Senator are 

21 elected. 

22 ‘‘SECTION 6. Whenever the Senate declares that a 

23 Senator is unable to discharge the powers and duties of 

24 his office, or a Senator transmits to the President pro 

25 tempore of the Senate his written declaration that he is 


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1 unable to discharge such powers and duties, such powers 

2 and duties shall be discharged by his Alternate as Acting 

3 Senator. Thereafter, when the Senator transmits to the 

4 President pro tempore of the Senate his written declara5 tion that no such inability exists, he shall immediately re6 sume the powers and duties of the office of Senator. 

7 ‘‘SECTION 7. No one who has not been elected Sen8 ator or Alternate Senator may be or act as Senator, except 

9 that the legislature of any state may empower the execu10 tive thereof to appoint an Acting Senator in the absence 

11 of a qualified Alternate when there is a vacancy in the 

12 office of Senator, or when, pursuant to section 6 or section 

13 9 of this article, the Senator has been declared unable to 

14 discharge the powers and duties of his office. 

15 ‘‘SECTION 8. Alternate and Acting Senators and Rep16 resentatives shall have the qualifications of Senators and 

17 Representatives, respectively, and each House may punish 

18 its Alternates for disorderly behavior, and with the concur19 rence of two thirds, expel an Alternate. 

20 ‘‘SECTION 9. In the absence of a quorum for three 

21 days or more, each House may declare all of its members 

22 who have not recorded their presence during such period 

23 to be unable to discharge the powers and duties of their 

24 offices. In such a case, such powers and duties of each 


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1 such member shall be discharged by the member’s Alter2 nate until such member records his presence. 

3 ‘‘SECTION 10. The Congress shall have power to en4 force this article by appropriate legislation. 

5 ‘‘SECTION 11. This article shall take effect at noon 

6 on the next date established by this Constitution for the 

7 beginning and ending of the terms of Senators and Rep8 resentatives one year after the ratification of this article, 

9 except that qualification to be Senator in section 4 of this 

10 article shall not apply to any person who had begun his 

11 current term of office prior to the effective date of this 

12 article.’’. 

Æ 


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