IA 

110TH CONGRESS 

1ST SESSION H. J. RES. 56 

Proposing an amendment to the Constitution of the United States to temporarily fill mass vacancies in the House of Representatives and the Senate 

and to preserve the right of the people to elect their Representatives 

and Senators in Congress. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 4, 2007 

Mr. BAIRD (for himself and 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 to temporarily fill mass vacancies in the House 

of Representatives and the Senate and to preserve the 

right of the people to elect their Representatives and 

Senators in Congress. 

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 


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1 States within seven years after the date of its submission 

2 for ratification: 

3 ‘‘ARTICLE — 

4 ‘‘SECTION 1. Immediately after taking the oath of of5 fice, an individual who is elected to serve as a Senator 

6 or Representative in Congress shall provide the applicable 

7 House of Congress a list of at least three designees, 

8 ranked in order of preference, to take the individual’s 

9 place in the event the individual dies, becomes incapaci10 tated, or disappears prior to the expiration of the individ11 ual’s term of office. The individual shall ensure that the 

12 list only contains the names of designees who meet the 

13 qualifications for service as a Senator or Representative 

14 in Congress. The individual may present revised versions 

15 of the list at any time during the Congress. 

16 ‘‘SECTION 2. In the event a catastrophe results in the 

17 death, incapacity, or disappearance of a significant num18 ber of Representatives, the Speaker of the House shall im19 mediately fill the vacancies with individuals from the most 

20 recent lists of designees (in the order so provided on the 

21 lists) presented by the Representatives whose seats are 

22 now vacant, as provided by section 1. In the event that 

23 a catastrophe results in the death, incapacity, or dis24 appearance of a significant number of Senators, the Vice 

25 President or President Pro Tempore of the Senate shall 


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1 immediately fill the vacancies with individuals from the 

2 most recent lists of designees (in the order so provided 

3 on the lists) presented by the Senators whose seats are 

4 now vacant, as provided by section 1. An individual des5 ignated to take the place of a Senator or Representative 

6 shall serve until the Senator or Representative regains ca7 pacity, is located, or until another Member is elected to 

8 fill the vacancy. 

9 ‘‘SECTION 3. During the period of an individual’s 

10 service under section 2, the individual shall be treated as 

11 a Senator or Representative in Congress for purposes of 

12 all laws, rules, and regulations, but not for purposes of 

13 section 1. If an individual designated under section 2 is 

14 unwilling to carry out the duties of a Senator or Rep15 resentative during such period, or is unable to do so be16 cause of death, incapacity, or disappearance, the Vice 

17 President or President Pro Tempore of the Senate or the 

18 Speaker of the House shall designate another individual 

19 from the same list of designees (in the order so provided 

20 on that list) presented under section 1 from which the in21 dividual was designated. Any individual so designated 

22 shall be considered to have been designated under section 

23 2. 

24 ‘‘SECTION 4. If an individual is designated to fill a 

25 vacancy in an office of a Senator or Representative under 


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1 section 2, the executive authority of the State involved 

2 shall issue a writ of election to elect another Member to 

3 such office. The special election shall be held as soon as 

4 possible after the individual is designated under section 

5 2. 

6 ‘‘SECTION 5. Congress shall by law establish the cri7 teria for determining whether a Senator or Representative 

8 in Congress is dead, incapacitated, or has disappeared, 

9 and shall have the power to enforce this article through 

10 appropriate legislation. 

11 ‘‘SECTION 6. This article shall take effect at the be12 ginning of the first Congress that convenes after its ratifi13 cation.’’. 

Æ 


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