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 circumstances.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continuity in Representation Act of 
2004''.

SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN 
              HOUSE IN EXTRAORDINARY 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 subsection:
    ``(b) Special Rules in Extraordinary Circumstances.--
            ``(1) In general.--In extraordinary circumstances, 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.
            ``(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 a 
        regularly scheduled general election for the office involved is 
        to be held at any time during the 75-day period which begins on 
        the date of the announcement of the vacancy.
            ``(3) Nominations by parties.--If a special election is to 
        be held under this subsection, not later than 10 days after the 
        Speaker announces that the vacancy exists, the political 
        parties of the State that are authorized to nominate candidates 
        by State law may each nominate one candidate to run in the 
        election.
            ``(4) Extraordinary circumstances.--
                    ``(A) In general.--In this subsection, 
                `extraordinary circumstances' occur when the Speaker of 
                the House of Representatives announces 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 subparagraph (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 
                        jurisdiction 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.
                            ``(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 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 absentee 
                ballots.--In conducting a special election 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 uniformed 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 Representatives announces 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 
                election material from the voter so long as the ballot 
                or other material is received by the appropriate State 
                election official not later than 45 days after the 
                State transmits the ballot or other material to the 
                voter.
            ``(6) Rule of construction regarding federal 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 enforcement 
        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 Elderly 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.
                    ``(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 April 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Continuity in Representation Act of 2004 - Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections to fill vacancies in the House of Representatives within 45 days after a vacancy is announced by the Speaker of the House in the extraordinary circumstance that vacancies in representation from the States exceed 100. Waives the 45-day requirement if a regularly scheduled general election for the office involved is to be held at any time within a 75-day period beginning on the date of the vacancy announcement.

Permits the political parties of a State that are authorized to nominate candidates by State law to each nominate one candidate to run in the special election not later than ten days after the Speaker announces that the vacancy exists.

Sets forth requirements for judicial review of any action which is brought for declaratory or injunctive relief to challenge an announcement made under this Act. Requires a final decision in an action to be made within three days of filing of such action. Makes a final decision non-reviewable.

Provides that in conducting a special election under this Act to fill a vacancy in its representation, the State is required to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for election are transmitted to absent uniformed services voters and overseas voters not later than 15 days after the Speaker of the House announces that the vacancy exists. Provides that in the case of an individual who is an absent uniformed services voter or an overseas voter, a State is required to accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter.

Declares that nothing in these Special Rules in Extraordinary Circumstances may be construed to affect the application to special elections under such Rules of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to: (1) the Voting Rights Act of 1965, as amended; (2) the Voting Accessibility for the Elderly and Handicapped Act, as amended; (3) the Uniformed and Overseas Citizens Absentee Voting Act, as amended; (4) the National Voter Registration Act of 1993, as amended; (5) the Americans With Disabilities Act of 1990, as amended; (6) the Rehabilitation Act of 1973, as amended; and (7) the Help America Vote Act of 2002, as amended.