Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act

To establish the Twentieth Amendment Section Four Panel to recommend to Congress model legislation to provide for an appropriate process to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. 1. Short title This Act may be cited as the Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act 2. Establishment of panel of constitutional experts (a) Establishment There is established the Twentieth Amendment Section Four Panel Panel (b) Membership (1) In general The Panel shall be composed of 6 constitutional experts, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed jointly by the majority and minority leader of the Senate; (D) 1 shall be appointed by the Speaker of the House of Representatives; (E) 1 shall be appointed by minority leader of the House of Representatives; and (F) 1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Date The appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act. (3) Vacancy Any vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made. (4) Chairperson and Vice Chairperson The Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel. (c) Purpose The purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. (d) Reports (1) Initial report Not later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations. (2) Final report Not later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations. (e) Meetings; information (1) In general Meetings of the Panel shall be held at the Law Library of Congress. (2) Information The Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section. (f) Funds (1) Compensation of members Members of the Panel shall receive no compensation. (2) Other funding No amounts shall be appropriated for the purposes of this section, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e). (g) Termination (1) In general The panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2). (2) Records Upon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives.

Summary: Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act This bill establishes the Twentieth Amendment Section Four Panel, which must recommend to Congress model legislation to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. Such panel terminates 90 days after submitting its final report. (The Twelfth Amendment to the Constitution requires that presidential and vice-presidential candidates gain a majority of electoral votes to win an election. In the event that no candidate wins a majority of electoral votes, the Twelfth Amendment requires the House of Representatives to elect the President and the Senate to elect the Vice President, which is known as a contingent election. The Twentieth Amendment to the Constitution allows Congress to establish a process in the case of the death of a candidate in a contingent presidential or vice-presidential election.)