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Billno should always have and extension i.e. h1.ih

HJ 92 IH

Proposing an amendment to the Constitution of the United States relating to Congressional succession.

April 2, 2004

Mr. ROHRABACHER introduced the following joint resolution; which was referred to the Committee on the Judiciary

Proposing an amendment to the Constitution of the United States relating to Congressional succession.

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 following article is proposed as an amendment to the Constitution 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. Upon the death of a person elected as Representative, the duties and powers of that office shall be discharged by his designated successor as Acting Representative until a new Representative is elected.

`SECTION 2. Whenever a person elected as Representative transmits to the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits a written declaration to the contrary, such powers and duties shall be discharged by his designated successor as Acting Representative.

`SECTION 3. Whenever a majority of the potential successors of a person elected as Representative transmit to the Speaker of the House of Representatives their written declaration that such person is unable to discharge the powers and duties of the office of Representative, that person's designated successor shall immediately assume the powers and duties of that office as Acting Representative. Thereafter, when the person elected as Representative transmits to the Speaker of the House of Representatives his written declaration that no such inability exists, he shall assume or resume the powers and duties of the office of Representative.

`SECTION 4. Each person elected as Representative may appoint, in ranked order, a number of potential successors no fewer than three and no greater than five, provided that such appointments are transmitted to the Speaker of the House of Representatives in a publicly available written declaration no earlier than one year and no later than 60 days prior to the date such person is elected as Representative. The designated successor shall be the highest ranked potential successor appointed in conformance with this article who meets the qualifications for the office of Representative established in this Constitution, or if no such person exists, a person meeting such qualifications appointed by the executive authority of the same State. Appointments pursuant to this section shall be effective during the term of office for which the person elected as Representative has been elected.

`SECTION 5. Upon the death of a person elected as Senator the duties and powers of that office shall be discharged by his designated successor as Acting Senator until a new Senator is elected.

`SECTION 6. Whenever a person elected as Senator transmits to the President pro tempore of the Senate his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits a written declaration to the contrary, such powers and duties shall be discharged by his designated successor as Acting Senator.

`SECTION 7. Whenever a majority of the potential successors of a person elected as Senator transmit to the President pro tempore of the Senate their written declaration that such person is unable to discharge the powers and duties of the office of Senator, that person's designated successor shall immediately assume the powers and duties of that office as Acting Senator. Thereafter, when the person elected as Senator transmits to the President pro tempore of the Senate his written declaration that no such inability exists, he shall assume or resume the powers and duties of the office of Senator.

`SECTION 8. Each person elected as Senator may appoint, in ranked order, a number of potential successors no fewer than three and no greater than five, provided that such appointments are transmitted to the President pro tempore of the Senate in a publicly available written declaration no earlier than one year and no later than 60 days prior to the date such person is elected Senator. A Senator may also make or revise such appointment no earlier than one year and no later than 60 days prior to a date established by Congress for the regular election of Senators and Representatives. Such a midterm appointment or revision shall be effective on the next date established by this Constitution for the beginning and ending of the terms of Senators and Representatives. The designated successor shall be the highest ranked potential successor appointed in conformance with this article who meets the qualifications for the office of Senator established by this Constitution, or if no such person exists, a person meeting such qualifications appointed by the executive authority of the same State. Appointments pursuant to this section shall be effective during the term of office for which the person elected Senator has been elected.

`SECTION 9. The priviso in the second paragraph of the 17th article of amendment to the Constitution of the United States is hereby repealed.

`SECTION 10. The Congress shall have power to enforce this article by appropriate legislation.

`SECTION 11. This article shall take effect at noon on the next date established by this Constitution for the beginning and ending of the terms of Senators and Representatives following the ratification of this article, except for sections 4, 8 and 10, which shall take effect upon ratification.'.

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