II 
Calendar No. 61 
109TH CONGRESS 
1ST SESSION 
H. R. 841 
IN THE SENATE OF THE UNITED STATES 
MARCH 8, 2005 
Received 
MARCH 17, 2005 
Read the first time 
MARCH 19, 2005 
Read the second time and placed on the calendar 
AN ACT 
To require States to hold special elections to fill vacancies 
in the House of Representatives not later than 49 days 
after the vacancy is announced by the Speaker of the 
House of Representatives in extraordinary circumstances, 
and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Continuity in Rep-
resentation Act of 2005’’. 
SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO 
FILL VACANCIES IN THE HOUSE IN EXTRAOR-
DINARY CIRCUMSTANCES. 
Section 26 of the Revised Statutes of the United 
States (2 U.S.C. 8) is amended— 
(1) by striking ‘‘The time’’ and inserting ‘‘(a) 
IN GENERAL.—Except as provided in subsection (b), 
the time’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) SPECIAL
RULES
IN
EXTRAORDINARY
CIR-
CUMSTANCES.— 
‘‘(1) 
IN
GENERAL.—In 
extraordinary 
cir-
cumstances, the executive authority of any State in 
which a vacancy exists in its representation in the 
House of Representatives shall issue a writ of elec-
tion to fill such vacancy by special election. 
‘‘(2) TIMING OF SPECIAL ELECTION.—A special 
election held under this subsection to fill a vacancy 
shall take place not later than 49 days after the
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Speaker of the House of Representatives announces 
that the vacancy exists, unless, during the 75-day 
period which begins on the date of the announce-
ment of the vacancy— 
‘‘(A) a regularly scheduled general election 
for the office involved is to be held; or 
‘‘(B) another special election for the office 
involved is to be held, pursuant to a writ for a 
special election issued by the chief executive of 
the State prior to the date of the announcement 
of the vacancy. 
‘‘(3) NOMINATIONS BY PARTIES.—If a special 
election is to be held under this subsection, the de-
termination of the candidates who will run in such 
election shall be made— 
‘‘(A) by nominations made not later than 
10 days after the Speaker announces that the 
vacancy exists by the political parties of the 
State that are authorized by State law to nomi-
nate candidates for the election; or 
‘‘(B) by any other method the State con-
siders appropriate, including holding primary 
elections, that will ensure that the State will 
hold the special election within the deadline re-
quired under paragraph (2).
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‘‘(4) EXTRAORDINARY CIRCUMSTANCES.— 
‘‘(A) IN
GENERAL.—In this subsection, 
‘extraordinary circumstances’ occur when the 
Speaker of the House of Representatives an-
nounces that vacancies in the representation 
from the States in the House exceed 100. 
‘‘(B) JUDICIAL REVIEW.—If any action is 
brought for declaratory or injunctive relief to 
challenge an announcement made under sub-
paragraph (A), the following rules shall apply: 
‘‘(i) Not later than 2 days after the 
announcement, the action shall be filed in 
the United States District Court having ju-
risdiction in the district of the Member of 
the House of Representatives whose seat 
has been announced to be vacant and shall 
be heard by a 3-judge court convened pur-
suant to section 2284 of title 28, United 
States Code. 
‘‘(ii) A copy of the complaint shall be 
delivered promptly to the Clerk of the 
House of Representatives. 
‘‘(iii) A final decision in the action 
shall be made within 3 days of the filing 
of such action and shall not be reviewable.
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‘‘(iv) The executive authority of the 
State that contains the district of the 
Member of the House of Representatives 
whose seat has been announced to be va-
cant shall have the right to intervene either 
in support of or opposition to the position 
of a party to the case regarding the an-
nouncement of such vacancy. 
‘‘(5) PROTECTING
ABILITY
OF
ABSENT
MILI-
TARY AND OVERSEAS VOTERS TO PARTICIPATE IN 
SPECIAL ELECTIONS.— 
‘‘(A) DEADLINE FOR TRANSMITTAL OF AB-
SENTEE
BALLOTS.—In conducting a special 
election held under this subsection to fill a va-
cancy in its representation, the State shall en-
sure to the greatest extent practicable (includ-
ing through the use of electronic means) that 
absentee ballots for the election are transmitted 
to absent uniformed services voters and over-
seas voters (as such terms are defined in the 
Uniformed and Overseas Citizens Absentee Vot-
ing Act) not later than 15 days after the 
Speaker of the House of Representatives an-
nounces that the vacancy exists.
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‘‘(B) 
PERIOD
FOR
BALLOT
TRANSIT 
TIME.—Notwithstanding the deadlines referred 
to in paragraphs (2) and (3), in the case of an 
individual who is an absent uniformed services 
voter or an overseas voter (as such terms are 
defined in the Uniformed and Overseas Citizens 
Absentee Voting Act), a State shall accept and 
process any otherwise valid ballot or other elec-
tion material from the voter so long as the bal-
lot or other material is received by the appro-
priate State election official not later than 45 
days after the State transmits the ballot or 
other material to the voter. 
‘‘(6) APPLICATION TO DISTRICT OF COLUMBIA 
AND TERRITORIES.—This subsection shall apply— 
‘‘(A) to a Delegate or Resident Commis-
sioner to the Congress in the same manner as 
it applies to a Member of the House of Rep-
resentatives; and
‘‘(B) to the District of Columbia, the Com-
monwealth of Puerto Rico, American Samoa, 
Guam, and the United States Virgin Islands in 
the same manner as it applies to a State, ex-
cept that a vacancy in the representation from 
any such jurisdiction in the House shall not be