House Approves Critical Continuity Legislation

February 17, 2005

WASHINGTON, D.C. - Congressman David Dreier (R-CA), Chairman of the House Rules Committee, voted today to approve legislation that provides for special elections in the event of mass vacancies in the House of Representatives and protects its integrity as the only truly elected body in the federal government. The Continuity in Representation Act, H.R. 841, was approved with overwhelming bipartisan support, 329-68. The bill had been overwhelmingly approved in the previous Congress by the House, but was held up by the Senate.

“Even as we make strong progress in the war on terror, the threat of a catastrophic attack on the Congress still exists,” Dreier said. “The House acted last year to put in place the mechanisms necessary to move the federal government forward in a time of national crisis. Regrettably, the Senate did not act. It should be clear by now that having something in place is better than nothing, and this approach enjoys strong bipartisan support. I urge my colleagues on the other side of the Capitol to pass this legislation as soon as possible. We owe that to our constituents.”

H.R. 841 seeks to preserve the fully elected nature of the House, which remains the only body in the federal government to which its Members must be elected. The Constitution, Article 1, Section 4, specifically authorizes the Congress by law to set the parameters for the election of Members. If more than 100 Members are killed, the Speaker of the House may announce that “exceptional circumstances” exist and thereby trigger expedited special elections in affected districts which must occur within 7 weeks, rather than the 45 days approved by the previous Congress. Three other changes in the new legislation are: allowing the states to conduct primaries within the 7 week time frame; exempting any district that has a general or special election already set within 75 days of the Speaker’s announcement; and, providing that the expedited elections also apply to Delegates and Resident Commissioner but that the death of them does not count toward the more than 100 Members dead threshold.

Dreier noted that many states already have truncated time frames for their special elections, including 28 days in Minnesota; 30 days in New York, Georgia and West Virginia; 36 days in Texas; 40 days in Iowa and Wyoming; 45 days in Kansas; 48 days in Nebraska; and 56 days in California. “We know our states can handle this type of challenge,” Dreier said. “At a time of national tragedy, having these elections would provide our citizens with a constructive focus and would prove to be a tremendous statement of resolve and support for our system of government.”

Dreier, who was an original cosponsor of the bill, congratulated Judiciary Committee Chairman Jim Sensenbrenner (R-WI), House Administration Chairman Bob Ney (R-OH), and Congresswoman Candice Miller (R-MI) for their work on the legislation.

DREIER ON H.R. 841: DIAL-UP / BROADBAND