IB 
Union Calendar No. 3 
109TH CONGRESS 
1ST SESSION 
H. R. 841 
[Report No. 109–8, Part 1] 
To require States to hold special elections to fill vacancies in the House 
of Representatives not later than 45 days after the vacancy is announced 
by the Speaker of the House of Representatives in extraordinary cir-
cumstances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2005 
Mr. SENSENBRENNER (for himself, Mr. DREIER, Mrs. MILLER of Michigan, 
Mr. CHABOT, Mr. BARTLETT of Maryland, Mr. PAUL, and Mr. COLE of 
Oklahoma) introduced the following bill; which was referred to the Com-
mittee on House Administration 
FEBRUARY 24, 2005 
Reported with an amendment and referred to the Committee on the Judiciary 
for a period ending not later than February 24, 2005 for consideration 
of such provisions of the bill and amendment as fall within the jurisdic-
tion of that committee pursuant to clause 1(l), rule X 
[Strike out all after the enacting clause and insert the part printed in italic] 
FEBRUARY 24, 2005 
The Committee on the Judiciary discharged; committed to the Committee of 
the Whole House on the State of the Union, and ordered to be printed 
[For text of the introduced bill, see bill as introduced on February 16, 2005] 
A BILL 
To require States to hold special elections to fill vacancies 
in the House of Representatives not later than 45 days
HR 841 RH 
after the vacancy is announced by the Speaker of the 
House of Representatives in extraordinary circumstances, 
and for other purposes. 
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 Represen-
tation 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 election 
to fill such vacancy by special election.
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‘‘(2) TIMING OF SPECIAL ELECTION.—A special 
election held under this subsection to fill a vacancy 
shall take place not later than 45 days after the 
Speaker of the House of Representatives announces 
that the vacancy exists, unless, during the 75-day pe-
riod which begins on the date of the announcement 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 deter-
mination of the candidates who will run in such elec-
tion shall be made— 
‘‘(A) by nominations made not later than 
10 days after the Speaker announces that the va-
cancy exists by the political parties of the State 
that are authorized by State law to nominate 
candidates for the election; or 
‘‘(B) by any other method the State con-
siders appropriate, including holding primary
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elections, that will ensure that the State will hold 
the special election within the deadline required 
under paragraph (2). 
‘‘(4) EXTRAORDINARY CIRCUMSTANCES.— 
‘‘(A) IN GENERAL.—In this subsection, ‘ex-
traordinary 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 an-
nouncement, the action shall be filed in the 
United States District Court having juris-
diction 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 pursuant 
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.
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‘‘(iii) A final decision in the action 
shall be made within 3 days of the filing of 
such action and shall not be reviewable. 
‘‘(iv) The executive authority of the 
State that contains the district of the Mem-
ber of the House of Representatives whose 
seat has been announced to be vacant shall 
have the right to intervene either in support 
of or opposition to the position of a party 
to the case regarding the announcement of 
such vacancy. 
‘‘(5) PROTECTING ABILITY OF ABSENT MILITARY 
AND OVERSEAS VOTERS TO PARTICIPATE IN SPECIAL 
ELECTIONS.— 
‘‘(A) DEADLINE FOR TRANSMITTAL OF AB-
SENTEE BALLOTS.—In conducting a special elec-
tion held under this subsection to fill a vacancy 
in its representation, the State shall ensure to 
the greatest extent practicable (including through 
the use of electronic means) that absentee ballots 
for the election are transmitted to absent uni-
formed services voters and overseas voters (as 
such terms are defined in the Uniformed and 
Overseas Citizens Absentee Voting Act) not later 
than 15 days after the Speaker of the House of
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Representatives announces that the vacancy ex-
ists. 
‘‘(B) PERIOD FOR BALLOT TRANSIT TIME.— 
Notwithstanding the deadlines referred to in 
paragraphs (2) and (3), in the case of an indi-
vidual 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 election material 
from the voter so long as the ballot or other ma-
terial is received by the appropriate State elec-
tion 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 Representa-
tives; 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, except
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that a vacancy in the representation from any 
such jurisdiction in the House shall not be taken 
into account by the Speaker in determining 
whether vacancies in the representation from the 
States in the House exceed 100 for purposes of 
paragraph (4)(A). 
‘‘(7) RULE OF CONSTRUCTION REGARDING FED-
ERAL ELECTION LAWS.—Nothing in this subsection 
may be construed to affect the application to special 
elections under this subsection of any Federal law 
governing the administration of elections for Federal 
office (including any law providing for the enforce-
ment of any such law), including, but not limited to, 
the following: 
‘‘(A) The Voting Rights Act of 1965 (42 
U.S.C. 1973 et seq.), as amended. 
‘‘(B) The Voting Accessibility for the Elder-
ly and Handicapped Act (42 U.S.C. 1973ee et 
seq.), as amended. 
‘‘(C) The Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff et seq.), as 
amended. 
‘‘(D) The National Voter Registration Act of 
1993 (42 U.S.C. 1973gg et seq.), as amended.
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‘‘(E) The Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), as amended. 
‘‘(F) The Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.), as amended. 
‘‘(G) The Help America Vote Act of 2002 
(42 U.S.C. 15301 et seq.), as amended.’’.
Union Calendar No. 3 
109TH CONGRESS 
1ST SESSION 
H. R. 841 
[Report No. 109–8, Part 1] 
A BILL 
To require States to hold special elections to fill va-
cancies in the House of Representatives not later 
than 45 days after the vacancy is announced by 
the Speaker of the House of Representatives in 
extraordinary circumstances, and for other pur-
poses. 
FEBRUARY 24, 2005 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed