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. 
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. No person shall be a Representative who 
has not selected and been elected together with an Alter-
nate Representative. Alternate Representatives shall serve 
during the term of their Representative, and their tenure 
shall end when a new Representative and Alternate Rep-
resentatives are elected for the same constituency. Such 
new Representative and Alternate Representative shall as-
sume office immediately upon election whenever there is 
a vacancy in the office of Representative. 
‘‘SECTION 2. Upon the death, resignation, or expul-
sion of a Representative, or if at the time fixed for the 
beginning of the term of the Representative-elect, the Rep-
resentative-elect shall have died or failed to qualify, the 
duties and powers of the office of Representative shall be 
discharged by his Alternate as Acting Representative until 
the Representative-elect shall have qualified or until a new 
Representative and Alternate Representative are elected. 
‘‘SECTION 3. Whenever the House of Representatives 
declares that a Representative is unable to discharge the 
powers and duties of his office, or a Representative trans-
mits to the Speaker of the House of Representatives his 
written declaration that he is unable to discharge such 
powers and duties, such powers and duties shall be dis-
charged by his Alternate as Acting Representative. There-
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after, when the Representative transmits to the Speaker 
of the House of Representatives his written declaration 
that no such inability exists, he shall immediately resume 
the powers and duties of the office of Representative. 
‘‘SECTION 4. No person shall be a Senator who has 
not selected and been elected together with an Alternate 
Senator. Alternate Senators shall serve during the term 
of their Senator, and their tenure in office shall end when 
a new Senator and Alternate Senator are elected for the 
same state and class of Senators. Such elected Senator 
and Alternate Senator shall assume office immediately 
upon election whenever there is a vacancy in the office 
of Senator. 
‘‘SECTION 5. Upon the death, resignation, or expul-
sion of a Senator, or if at the time fixed for the beginning 
of the term of the Senator-elect, the Senator-elect shall 
have died or failed to qualify, the duties and powers of 
the office of Senator shall be discharged by his Alternate 
as Acting Senator until the Senator-elect shall have quali-
fied, or until a new Senator and Alternate Senator are 
elected. 
‘‘SECTION 6. Whenever the Senate declares that a 
Senator is unable to discharge the powers and duties of 
his office, or a Senator transmits to the President pro 
tempore of the Senate his written declaration that he is 
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unable to discharge such powers and duties, such powers 
and duties shall be discharged by his Alternate as Acting 
Senator. Thereafter, when the Senator transmits to the 
President pro tempore of the Senate his written declara-
tion that no such inability exists, he shall immediately re-
sume the powers and duties of the office of Senator. 
‘‘SECTION 7. No one who has not been elected Sen-
ator or Alternate Senator may be or act as Senator, except 
that the legislature of any state may empower the execu-
tive thereof to appoint an Acting Senator in the absence 
of a qualified Alternate when there is a vacancy in the 
office of Senator, or when, pursuant to section 6 or section 
9 of this article, the Senator has been declared unable to 
discharge the powers and duties of his office. 
‘‘SECTION 8. Alternate and Acting Senators and Rep-
resentatives shall have the qualifications of Senators and 
Representatives, respectively, and each House may punish 
its Alternates for disorderly behavior, and with the concur-
rence of two thirds, expel an Alternate. 
‘‘SECTION 9. In the absence of a quorum for three 
days or more, each House may declare all of its members 
who have not recorded their presence during such period 
to be unable to discharge the powers and duties of their 
offices. In such a case, such powers and duties of each 
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