H.R. 2844 - Continuity in Representation Act of 2004

COMMITTEE ACTION: REPORTED BY RECORD VOTE of 6-3 on Wednesday, April 21, 2004.
FLOOR ACTION:ADOPTED BY A RECORD VOTE OF 212 - 197, AFTER AGREEING ON THE PREVIOUS QUESTION BY A RECORD VOTE OF 210-198 on Thursday, April 22, 2004.
MANAGERS: HASTINGS (WA)/FROST
108th Congress
2nd Session

H.R. 2844 - Continuity in Representation Act of 2004

1. Structured rule.

2. Provides 60 minutes of general debate with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on House Administration and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Waives points of order against consideration of the bill for failure to comply with clause 3(c)(4) of rule XIII (requiring the inclusion of general performance goals and objectives in a committee report).

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as an original bill for the purpose of amendment, which shall be considered as read.

5. Makes in order only those amendments printed in part B of the Rules Committee report accompanying the resolution.

6. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2844) to require States to hold special elections to fill vacancies in the House of Representatives not later than 21 days after the vacancy is announced by the Speaker of the House of Representatives in extraordinary circumstances, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 3(c)(4) of rule XIII are waived. General debate shall be confined to the bill and shall not exceed 60 minutes, with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on House Administration and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.


PART-A
SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED

Provides that to the 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 not later than 15 days after the Speaker announces the vacancy exists.


PART-B
SUMMARY OF AMENDMENT MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Larson #5
Strikes out the bill's overall 45-day time frame to conduct special elections and substitutes 75 days. (20 minutes)

2. Larson #7
Strikes out paragraph 3 and adds language providing that candidates seeking to run in a special election would meet requirements for getting on the ballot subject to state law, and that states could extend the overall time deadline in the bill to accomplish that result. This would also ensure that minority party or independent candidates who must qualify by petition or other methods retain the right to participate in the election. The amendment would strike the existing provision in the bill providing a 10-day deadline for political parties to nominate candidates. (20 minutes)

3. Skelton/Maloney #1
States shall accept and process any otherwise valid ballot or other election material from absent uniformed services voters or overseas voters so long as the ballot or other election 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. (REVISED) (20 minutes)

4. Jackson-Lee #14
Changes section of the bill that deals with the time in which a person may file a lawsuit arising out of the Speaker's announcement of vacancies in the House in excess of 100. Expands ability of an aggrieved party to file suit for either declaratory or injunctive relief from just 2 days to 7 days. Also extends the right to appeal decisions on the 45-day special state election called for under the Act, and it expands the right to sue to citizens, including political party representatives (REVISED). (10 minutes)

RULE MODIFIED BY UNANIMOUS CONSENT ON THE FLOOR OF THE HOUSE


TEXT OF THE AMENDMENT(.pdf)

PART A

PART B

1. Larson

2. Larson

3. Skelton/Maloney