Continuity in Representation Act of 2005

Bill: 109-hr-841
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2005-02-16 in the House
Policy area: Congress
Subjects: Absentee voting
Americans in foreign countries
Armed Forces and National Security
Armed forces abroad
Ballots
Civil actions and liability
Congressional elections
Election candidates
Government Operations and Politics
House of Representatives
Injunctions
Judicial review
Law
Members of Congress
Parties to actions
Political parties
Soldier voting
Special elections
State laws

Summary:
action_date: 2005-02-16
text: 
Continuity in Representation Act of 2005 - 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.
 


action_date: 2005-02-24
text: 
Continuity in Representation Act of 2005 - (Sec. 2) Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections for 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, during the 75-day period beginning on the date of the vacancy announcement, a regularly scheduled general election or another special election for the office involved is to be held.
 
Requires determination of the candidates who will run in the special election: (1) not later than ten days after the vacancy announcement by the political parties authorized by State law to nominate candidates; or (2) by any other method the State considers appropriate. 
 
Sets forth requirements for judicial review of any action brought for declaratory or injunctive relief to challenge such a vacancy announcement. Requires a final decision within three days of the filing of such an action. Makes a final decision non-reviewable.
 
Requires a State, in conducting a special election under this Act, to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots 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. Requires a State to accept and process any otherwise valid ballot or other election material from an absent uniformed services voter or an overseas voter, as long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits it to the voter.
 
Applies this Act to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands.

action_date: 2005-03-03
text: 
Continuity in Representation Act of 2005 - (Sec. 2) Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections for the House of Representatives within 49 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 49-day requirement if, during the 75-day period beginning on the date of the vacancy announcement, a regularly scheduled general election or another special election for the office involved is to be held.
 
Requires determination of the candidates who will run in the special election: (1) not later than ten days after the vacancy announcement by the political parties authorized by State law to nominate candidates; or (2) by any other method the State considers appropriate. 
 
Sets forth requirements for judicial review of any action brought for declaratory or injunctive relief to challenge such a vacancy announcement. Requires a final decision within three days of the filing of such an action. Makes a final decision non-reviewable.
 
Requires a State, in conducting a special election under this Act, to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots 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. Requires a State to accept and process any otherwise valid ballot or other election material from an absent uniformed services voter or an overseas voter, as long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits it to the voter.
 
Applies this Act to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands.


Legislative actions:
action_date: 2005-03-19
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 61.
action_date: 2005-03-17
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2005-03-08
text: Received in the Senate.
action_date: 2005-03-03
text: The title of the measure was amended. Agreed to without objection.
action_date: 2005-03-03
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-03-03
text: On passage Passed by recorded vote: 329 - 68 (Roll no. 52).
action_date: 2005-03-03
text: Passed/agreed to in House: On passage Passed by recorded vote: 329 - 68 (Roll no. 52).
action_date: 2005-03-03
text: PROCEEDINGS VACATED - By unanimous consent, the proceedings by which the motion to reconsider was laid on the table were vacated and the Chair restated the question on adoption of the bill. Subsequently, Ms. Millender-McDonald demanded a recorded vote on the question of passage of the bill.
action_date: 2005-03-03
text: Motion to reconsider laid on the table without objection.
action_date: 2005-03-03
text: On passage. Passed by voice vote.
action_date: 2005-03-03
text: On motion to recommit with instructions Failed by recorded vote: 196 - 223 (Roll no. 51).
action_date: 2005-03-03
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2005-03-03
text: DEBATE - The House proceeded with ten minutes of debate on the Conyers motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment which adds a new paragraph with provisions for minimum required voting systems and poll workers in polling places used in special elections.
action_date: 2005-03-03
text: Mr. Conyers moved to recommit with instructions to House Administration. (consideration: CR H967-969)
action_date: 2005-03-03
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2005-03-03
text: The previous question was ordered pursuant to the rule.
action_date: 2005-03-03
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 841.
action_date: 2005-03-03
text: Motion to strike the enacting clause withdrawn.
action_date: 2005-03-03
text: Floor summary: DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the motion to strike the enacting clause.
action_date: 2005-03-03
text: Mr. Baird moved to strike the enacting clause.
action_date: 2005-03-03
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2005-03-03
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee (TX) demanded a recorded vote and pursuant to the rule, further proceedings on the question of adoption of the amendment were postponed until later in the legislative day.
action_date: 2005-03-03
text: DEBATE - Pursuant to the provisions of H. Res. 125, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee (TX) amendment.
action_date: 2005-03-03
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Millender-McDonald amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Millender-McDonald demanded a recorded vote and pursuant to the rule, further proceedings on the question of adoption of the amendment were postponed until later in the legislative day.
action_date: 2005-03-03
text: DEBATE - Pursuant to the provisions of H. Res. 125, the Committee of the Whole proceeded with 15 minutes of debate on the Millender-McDonald amendment.
action_date: 2005-03-03
text: DEBATE - Pursuant to the provisions of H. Res. 125, the Committee of the Whole proceeded with 10 minutes of debate on the Ney amendment.
action_date: 2005-03-03
text: GENERAL DEBATE - The Committee of the Whole proceeded with 60 minutes of general debate on H.R. 841.
action_date: 2005-03-03
text: The Speaker designated the Honorable Steven C. LaTourette to act as Chairman of the Committee.
action_date: 2005-03-03
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 125 and Rule XVIII.
action_date: 2005-03-03
text: Rule provides for consideration of H.R. 841 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2005-03-03
text: Considered under the provisions of rule H. Res. 125. (consideration: CR H953-970; text of measure as reported in House: CR H959)
action_date: 2005-03-03
text: Rule H. Res. 125 passed House.
action_date: 2005-03-01
text: Rules Committee Resolution H. Res. 125 Reported to House. Rule provides for consideration of H.R. 841 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2005-02-24
text: Placed on the Union Calendar, Calendar No. 3.
action_date: 2005-02-24
text: Committee on Judiciary discharged.
action_date: 2005-02-24
text: Committee on Judiciary discharged.
action_date: 2005-02-24
text: Referred sequentially to the House Committee on the Judiciary for a period ending not later than Feb. 24, 2005.
action_date: 2005-02-24
text: Reported (Amended) by the Committee on 109-8, Part I.
action_date: 2005-02-24
text: Reported (Amended) by the Committee on 109-8, Part I.
action_date: 2005-02-17
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2005-02-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-02-17
text: Mr. Ney asked unanimous consent that the Committee on House Administration have until midnight on Feb. 24 to file a report on H.R. 841. Agreed to without objection.
action_date: 2005-02-16
text: Referred to the House Committee on House Administration.
action_date: 2005-02-16
text: Introduced in House
action_date: 2005-02-16
text: Introduced in House