IB 
House Calendar No. 181
108TH CONGRESS 
2D SESSION 
H. J. RES. 83
[Report No. 108–503] 
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 
DECEMBER 8, 2003
Mr. BAIRD introduced the following joint resolution; which was referred to the 
Committee on the Judiciary 
MAY 19, 2004
Additional sponsors: Mr. NADLER and Mr. FROST 
MAY 19, 2004
Reported adversely from 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-
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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: 
‘‘ARTICLE —
‘‘SECTION 1. Prior to taking the oath of office, an 
individual who is elected to serve as a Member of the 
House of Representatives for a Congress shall present to 
the chief executive of the State from which the individual 
is elected a list of nominees to take the individual’s place 
in the event the individual dies or becomes incapacitated 
prior to the expiration of the individual’s term of office. 
The individual shall ensure that the list contains the 
names of not fewer than two nominees, each of whom shall 
meet the qualifications for service as a Member of the 
House of Representatives from the State involved. After 
the individual takes the oath of office, the individual may 
present revised versions of the list at any time during the 
Congress. 
‘‘SECTION 2. If at any time a majority of the whole 
membership of the House of Representatives are unable 
to carry out their duties because of death or incapacity, 
or if at any time the House adopts a resolution declaring
•HJ 83 RH 
as a Member of the House of Representatives for purposes 
of all laws, rules, and regulations, but not for purposes 
of section 1. If an individual appointed under section 2 
is unable to carry out the duties of a Member during such 
period because of death or incapacity, the chief executive 
of the State involved shall appoint another individual from 
the same list of nominees presented under section 1 from 
which the individual was appointed under section 2. Any 
individual so appointed shall be considered to have been 
appointed under section 2. 
‘‘SECTION 4. Congress may by law establish the cri-
teria for determining whether a Member of the House of 
Representatives or Senate is dead or incapacitated, and 
shall have the power to enforce this article through appro-
priate legislation.’’.
House Calendar No. 181
108TH CONGRESS 
2D SESSION 
H. J. RES. 83
[Report No. 108–503] 
JOINT RESOLUTION 
Proposing an amendment to the Constitution of the 
United States regarding the appointment of indi-
viduals to fill vacancies in the House of Rep-
resentatives. 
MAY 19, 2004
Reported adversely from the Committee on the Judiciary