Q: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Continuity in Representation Act of
2005''.

SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN THE
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 49 days after the Speaker of the House of
Representatives announces that the vacancy exists, unless,
during the 75-day period which begins on the date of the
announcement of the vacancy--
''(A) a regularly scheduled general election for
the office involved is to be held; or
''(B) another special election for the office
involved is to be held, pursuant to a writ for a
special election issued by the chief executive of the
State prior to the date of the announcement of the
vacancy.
''(3) Nominations by parties.--If a special election is to
be held under this subsection, the determination of the
candidates who will run in such election shall be made--
''(A) by nominations made not later than 10 days
after the Speaker announces that the vacancy exists by
the political parties of the State that are authorized
by State law to nominate candidates for the election;
or
''(B) by any other method the State considers
appropriate, including holding primary elections, that
will ensure that the State will hold the special
election within the deadline required under paragraph
(2).
''(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) Application to district of columbia and
territories.--This subsection shall apply--
''(A) to a Delegate or Resident Commissioner to the
Congress in the same manner as it applies to a Member
of the House of Representatives; and
''(B) to the District of Columbia, the Commonwealth
of Puerto Rico, American Samoa, Guam, and the United
States Virgin Islands in the same manner as it applies
to a State, except that a vacancy in the representation
from any such jurisdiction in the House shall not be
taken into account by the Speaker in determining
whether vacancies in the representation from the States
in the House exceed 100 for purposes of paragraph
(4)(A).
''(7) 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 March 3, 2005.

Attest:

JEFF TRANDAHL,

Clerk.
A:
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.