IA 
108TH CONGRESS 
2D SESSION 
H. J. RES. 92 
Proposing an amendment to the Constitution of the United States relating 
to Congressional succession. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2004 
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. 
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled 
(two-thirds of each House concurring therein), That the fol-
lowing article is proposed as an amendment to the Con-
stitution of the United States, which shall be valid to all 
intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several 
States within seven years after the date of its submission 
for ratification:
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‘‘ARTICLE — 
‘‘SECTION 1. Upon the death of a person elected as 
Representative, the duties and powers of that office shall 
be discharged by his designated successor as Acting Rep-
resentative until a new Representative is elected. 
‘‘SECTION 2. Whenever a person elected as Rep-
resentative transmits to the Speaker of the House of Rep-
resentatives his written declaration that he is unable to 
discharge the powers and duties of his office, and until 
he transmits a written declaration to the contrary, such 
powers and duties shall be discharged by his designated 
successor as Acting Representative. 
‘‘SECTION 3. Whenever a majority of the potential 
successors of a person elected as Representative transmit 
to the Speaker of the House of Representatives their writ-
ten declaration that such person is unable to discharge 
the powers and duties of the office of Representative, that 
person’s designated successor shall immediately assume 
the powers and duties of that office as Acting Representa-
tive. Thereafter, when the person elected as Representa-
tive transmits to the Speaker of the House of Representa-
tives his written declaration that no such inability exists, 
he shall assume or resume the powers and duties of the 
office of Representative.
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‘‘SECTION 4. Each person elected as Representative 
may appoint, in ranked order, a number of potential suc-
cessors no fewer than three and no greater than five, pro-
vided that such appointments are transmitted to the 
Speaker of the House of Representatives in a publicly 
available written declaration no earlier than one year and 
no later than 60 days prior to the date such person is 
elected as Representative. The designated successor shall 
be the highest ranked potential successor appointed in 
conformance with this article who meets the qualifications 
for the office of Representative established in this Con-
stitution, or if no such person exists, a person meeting 
such qualifications appointed by the executive authority of 
the same State. Appointments pursuant to this section 
shall be effective during the term of office for which the 
person elected as Representative has been elected. 
‘‘SECTION 5. Upon the death of a person elected as 
Senator the duties and powers of that office shall be dis-
charged by his designated successor as Acting Senator 
until a new Senator is elected. 
‘‘SECTION 6. Whenever a person elected as Senator 
transmits to the President pro tempore of the Senate his 
written declaration that he is unable to discharge the pow-
ers and duties of his office, and until he transmits a writ-
ten declaration to the contrary, such powers and duties
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shall be discharged by his designated successor as Acting 
Senator. 
‘‘SECTION 7. Whenever a majority of the potential 
successors of a person elected as Senator transmit to the 
President pro tempore of the Senate their written declara-
tion that such person is unable to discharge the powers 
and duties of the office of Senator, that person’s des-
ignated successor shall immediately assume the powers 
and duties of that office as Acting Senator. Thereafter, 
when the person elected as Senator transmits to the Presi-
dent pro tempore of the Senate his written declaration 
that no such inability exists, he shall assume or resume 
the powers and duties of the office of Senator. 
‘‘SECTION 8. Each person elected as Senator may ap-
point, in ranked order, a number of potential successors 
no fewer than three and no greater than five, provided 
that such appointments are transmitted to the President 
pro tempore of the Senate in a publicly available written 
declaration no earlier than one year and no later than 60 
days prior to the date such person is elected Senator. A 
Senator may also make or revise such appointment no ear-
lier than one year and no later than 60 days prior to a 
date established by Congress for the regular election of 
Senators and Representatives. Such a midterm appoint-
ment or revision shall be effective on the next date estab-
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lished by this Constitution for the beginning and ending 
of the terms of Senators and Representatives. The des-
ignated successor shall be the highest ranked potential 
successor appointed in conformance with this article who 
meets the qualifications for the office of Senator estab-
lished by this Constitution, or if no such person exists, 
a person meeting such qualifications appointed by the ex-
ecutive authority of the same State. Appointments pursu-
ant to this section shall be effective during the term of 
office for which the person elected Senator has been elect-
ed. 
‘‘SECTION 9. The priviso in the second paragraph of 
the 17th article of amendment to the Constitution of the 
United States is hereby repealed. 
‘‘SECTION 10. The Congress shall have power to en-
force this article by appropriate legislation. 
‘‘SECTION 11. This article shall take effect at noon 
on the next date established by this Constitution for the 
beginning and ending of the terms of Senators and Rep-
resentatives following the ratification of this article, except 
for sections 4, 8 and 10, which shall take effect upon rati-
fication.’’. 
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