Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act
Bill: S.2460 | Sponsor: Sen. Portman, Rob (R-OH)
Policy area: Government Operations and Politics

Summary:
Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act
This bill establishes the Twentieth Amendment Section Four Panel, which must recommend to Congress model legislation to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. Such panel terminates 90 days after submitting its final report.
(The Twelfth Amendment to the Constitution requires that presidential and vice-presidential candidates gain a majority of electoral votes to win an election. In the event that no candidate wins a majority of electoral votes, the Twelfth Amendment requires the House of Representatives to elect the President and the Senate to elect the Vice President, which is known as a contingent election. The Twentieth Amendment to the Constitution allows Congress to establish a process in the case of the death of a candidate in a contingent presidential or vice-presidential election.)

To establish a panel of constitutional experts to recommend to Congress 
  an appropriate process for providing for the case of the death of a 
 candidate in a contingent presidential or vice-presidential election.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Solving an Overlooked Loophole in 
Votes for Executives (SOLVE) Act''.

SEC. 2. ESTABLISHMENT OF A PANEL.

    (a) Establishment.--There is established the ``Twentieth Amendment 
Section Four Panel'' (in this Act referred to as the ``Panel'').
    (b) Membership.--
            (1) In general.--The Panel shall be composed of 6 
        constitutional experts, of whom--
                    (A) 1 shall be appointed by the majority leader of 
                the Senate;
                    (B) 1 shall be appointed by the minority leader of 
                the Senate;
                    (C) 1 shall be appointed jointly by the majority 
                and minority leader of the Senate;
                    (D) 1 shall be appointed by the Speaker of the 
                House of Representatives;
                    (E) 1 shall be appointed by minority leader of the 
                House of Representatives; and
                    (F) 1 shall be appointed jointly by the Speaker of 
                the House of Representatives and the minority leader of 
                the House of Representatives.
            (2) Date.--The appointments of the members of the Panel 
        shall be made not later than 180 days after the date of 
        enactment of this Act.
            (3) Vacancy.--Any vacancy occurring in the membership of 
        the Panel shall be filled in the same manner in which the 
        original appointment was made.
            (4) Chairperson and vice chairperson.--The Panel shall 
        select a Chairperson and Vice Chairperson from among the 
        members of the Panel.
    (c) Purpose.--The purpose of the Panel shall be to recommend to 
Congress model legislation, which shall provide for an appropriate 
process, pursuant to section 4 of the Twentieth Amendment to the United 
States Constitution, to resolve any vacancy created by the death of a 
candidate in a contingent presidential or vice-presidential election.
    (d) Reports.--
            (1) Initial report.--Not later than 1 year after the date 
        on which all of the appointments have been made under 
        subsection (b)(2), the Panel shall submit to Congress an 
        interim report containing the Panel's findings, conclusions, 
        and recommendations.
            (2) Final report.--Not later than 6 months after the 
        submission of the interim report under paragraph (1), the Panel 
        shall submit to Congress a final report containing the Panel's 
        findings, conclusions, and recommendations.
    (e) Meetings; Information.--
            (1) In general.--Meetings of the Panel shall be held at the 
        Law Library of Congress.
            (2) Information.--The Panel may secure from the Law Library 
        of Congress such information as the Panel considers necessary 
        to carry out the provisions of this section.
    (f) Funds.--
            (1) Compensation of members.--Members of the Panel shall 
        receive no compensation.
            (2) Other funding.--No amounts shall be appropriated for 
        the purposes of this Act, except for any amounts strictly 
        necessary for the Law Library of Congress to execute its 
        responsibilities under subsection (e).
    (g) Termination.--
            (1) In general.--The panel established under subsection (a) 
        shall terminate 90 days after the date on which the panel 
        submits the final report required under subsection (d)(2).
            (2) Records.--Upon termination of the panel, all of its 
        records shall become the records of the Secretary of the Senate 
        and the Clerk of the House of Representatives.
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