IA 
109TH 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 17, 2005
Mr. ROHRABACHER (for himself and Mr. BAIRD) 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 in ranked order, and been elected together 
with, three Alternate Representatives. Alternate Rep-
resentatives shall serve during the term of their Rep-
resentative, and their tenure in office shall end upon the 
resignation or expulsion of their Representative, or when 
a new Representative and Alternate Representatives are 
elected for the same constituency. Such new Representa-
tive and Alternate Representatives shall assume office im-
mediately upon election whenever there is a vacancy in the 
office of Representative. 
‘‘SECTION 2. Upon the death of a Representative, or 
if at the time fixed for the beginning of the term of the 
Representative-elect, the Representative-elect shall have 
died, the duties and powers of the office of Representative 
shall be discharged by his highest-ranking Alternate as 
Acting Representative until a new Representative is elect-
ed. 
‘‘SECTION 3. Whenever a Representative transmits to 
the Speaker of the House of Representatives his written 
declaration that he is unable to discharge the powers and 
duties of his office, and until he transmits a written dec-
laration to the contrary, such powers and duties shall be
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discharged by his highest-ranking Alternate as Acting 
Representative. 
‘‘SECTION 4. Whenever a majority of the elected Al-
ternates of a Representative transmit to the Speaker of 
the House of Representatives their written declaration 
that such person is unable to discharge the powers and 
duties of the office of Representative, that person’s high-
est-ranked Alternate shall immediately assume the powers 
and duties of that office as Acting Representative. There-
after, when the Representative transmits to the Speaker 
of the House of Representatives his written declaration 
that no such inability exists, he shall assume or resume 
the powers and duties of the office of Representative. 
‘‘SECTION 5. No person shall be a Senator who has 
not selected in ranked order, and been elected together 
with, three Alternate Senators. Alternate Senators shall 
serve during the term of their Senator, and their tenure 
in office shall end upon the resignation or expulsion of 
their Senator, or when a new Senator and Alternate Sen-
ators are elected for the same state and class of Senators. 
Such elected Senator and Alternate Senators shall assume 
office immediately upon election whenever there is a va-
cancy in the office of Senator. 
‘‘SECTION 6. Upon the death of a Senator, or if at 
the time fixed for the beginning of the term of the Sen-
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ator-elect, the Senator-elect shall have died, the duties and 
powers of the office of Senator shall be discharged by his 
highest ranked Alternate as Acting Senator until a new 
Senator is elected. 
‘‘SECTION 7. Whenever a Senator transmits to the 
President pro tempore of the Senate his written declara-
tion that he is unable to discharge the powers and duties 
of his office, and until he transmits a written declaration 
to the contrary, such powers and duties shall be dis-
charged by his highest ranked Alternate as Acting Sen-
ator. 
‘‘SECTION 8. Whenever a majority of the elected Al-
ternates of a Senator transmit to the President pro tem-
pore of the Senate their written declaration that such per-
son is unable to discharge the powers and duties of the 
office of Senator, that person’s highest ranked Alternate 
shall immediately assume the powers and duties of that 
office as Acting Senator. Thereafter, when the Senator 
transmits to the President pro tempore of the Senate his 
written declaration that no such inability exists, he shall 
assume or resume the powers and duties of the office of 
Senator. 
‘‘SECTION 9. 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-
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tive thereof to appoint an Acting Senator when a Senator 
from that state dies in office without a qualified Alternate. 
‘‘SECTION 10. Alternate Senators and Representa-
tives shall have the qualifications of Senators and Rep-
resentatives, respectively, and each House may punish its 
Alternates for disorderly behavior, and with the concur-
rence of two thirds, expel an Alternate. 
‘‘SECTION 11. The Congress shall have power to en-
force this article by appropriate legislation. 
‘‘SECTION 12. This article shall take effect at noon 
on the next date established by this Constitution for the 
beginning and ending of the terms of Senators and Rep-
resentatives one year after the ratification of this article, 
except that qualification to be Senator in section 5 of this 
article shall not apply to any person who had been elected 
to their current term of office prior to such time and 
date.’’.
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