This bill (H.R. 2844) would require special elections to be held within 45 days to fill vacant House seats in the extraordinary circumstance of more than 100 vacancies. This requirement would be waived if the vacancies occur within 75 days of an already-scheduled general election.
This bill is a good example of Congress using its legitimate power under the Constitution to solve a problem rather than proposing a potentially dangerous constitutional amendment. A year ago the Continuity of Government Commission (CGC) recommended that governors appoint House members (perhaps from a list of candidates provided by individual congressmen) in the event a substantial number of congressmen are killed or incapacitated, presumably in a terrorist attack.
However, H.R. 2844 would solve the problem of the loss of a large number of congressmen through the already-existing congressional power to determine “the times, places and manner of holding elections for Senators and Representatives” (Article I, Section 4). And it would do so through special elections rather than appointment.
The House passed H.R. 2844 on April 22, 2004 by a vote of 306 to 97 (Roll Call 130). We have assigned pluses to the yeas because this bill utilizes an already-existing congressional power to address a bona-fide concern and preempts a dangerous alternative proposal for a large number of vacant House seats being filled by appointment.
