109TH CONGRESS
1ST SESSION
H. R. 841
AN ACT
To require States to hold special elections to fill va-
cancies 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 pur-
poses.
109TH CONGRESS
1ST SESSION
H. R. 841
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.
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
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).
‘‘(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.
‘‘(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.
‘‘(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
ballot or other material is received by the ap-
propriate 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
taken into account by the Speaker in deter-
mining 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 El-
derly 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 amend-
ed.
‘‘(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.’’.
Passed the House of Representatives March 3,
2005.
Attest:
Clerk.