IA 
108TH CONGRESS 
2D SESSION 
H. J. RES. 89
Proposing an amendment to the Constitution of the United States regarding 
the appointment of individuals to fill vacancies in the House of Rep-
resentatives. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2004
Mr. LARSON of Connecticut 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 regarding the appointment of individuals to fill 
vacancies in the House of Representatives.
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. A smaller number than the majority of 
the House may resolve that a vacancy exists in the major-
ity of the number of seats of the House of Representatives 
provided by law. 
‘‘SECTION 2. After the adoption of a resolution under 
section 1, the legislature of any State in which a vacancy 
in the membership of the House of Representatives exists 
shall convene a special session to appoint an individual to 
fill the vacancy. 
‘‘SECTION 3. If the legislature of a State does not 
convene a special session under section 2 during the 5-
calendar day period which begins on the day after the date 
the House adopts the resolution described in section 1, 
or if the legislature convenes a special session during such 
period but does not appoint an individual to fill a vacancy 
in a seat during the 3-calendar day period which begins 
on the date the legislature convenes the special session, 
the chief executive of the State shall appoint an individual 
to fill the vacancy. 
‘‘SECTION 4. An individual appointed under this arti-
cle shall meet the qualifications for service as a Member 
of the House of Representatives, and shall serve as a 
Member until an election is held to fill the original va-
cancy. The State shall provide for such an election at such
•HJ 89 IH 
time and in accordance with such procedures as may be 
provided by law, except that the individual appointed 
under this article may not be a candidate in the next elec-
tion for the House. An individual appointed under this ar-
ticle shall be a member of the same political party as the 
Member of the House who previously held the seat. 
‘‘SECTION 5. The procedures and requirements de-
scribed in sections 2 through 4 shall apply only with re-
spect to a vacancy existing as of the date of the adoption 
of the resolution described in section 1 or a vacancy first 
occurring during the 20-calendar day period which begins 
on such date. In the case of a vacancy first occurring dur-
ing such 20-calendar day period, section 3 shall apply as 
if the reference to the date on which the House adopts 
the resolution described in section 1 were a reference to 
the date on which the vacancy first occurs. 
‘‘SECTION 6. For purposes of carrying out the provi-
sions of this article, Congress shall have the power by law 
to specify circumstances constituting when a vacancy hap-
pens in the Representation from any State in the House 
of Representatives, and to address the incapacity of Mem-
bers of the House of Representatives. 
‘‘SECTION 7. Congress shall have power to enforce 
this article through appropriate legislation.’’.
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