Proposing an amendment to the Constitution of the United States to temporarily fill vacancies in the House of Representatives to further the continuity of Congress.
- Sponsor
- Rep. Timmons, William R. [R-SC-4]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 2, 2026
Bottom line
This joint resolution aims to ensure the continuity of Congress by establishing a rapid, temporary mechanism to fill House vacancies caused by death, pending a special election.
What it actually does
This joint resolution proposes a constitutional amendment to establish a temporary succession plan for House Representatives. It mandates that each Representative provide a list of at least five qualified designees upon taking office. In the event of a Representative's death, the state's chief executive would select a temporary replacement from this list within 10 days, and the Speaker of the House would immediately fill the vacancy. This temporary Representative would serve until a special election is held.
Proponents argue
Proponents argue this amendment is crucial for national security and governmental stability, especially in scenarios like a mass casualty event, ensuring that the House can maintain a quorum and continue its legislative functions without significant delay. They emphasize that it provides a clear, pre-determined process to prevent legislative paralysis and uphold democratic representation during unforeseen crises.
Opponents contend
Opponents might argue that this proposal undermines the principle of direct election by allowing unelected individuals to temporarily hold office, even if for a short period. Concerns could be raised about potential political maneuvering in the selection of designees or the state chief executive's choice, and whether it truly reflects the will of the constituents. Some may also argue that existing special election processes, while slower, uphold democratic principles more faithfully.
The bill is very short and easy to read, allowing ample time for comprehensive understanding.
Proposed Article--, Section 1
Representative Designee List Requirement
This section mandates that every newly elected Representative, immediately after taking the oath of office, must provide the House of Representatives with a list of at least five individuals. These designees are intended to temporarily fill the Representative's seat if they die before their term ends. The Representative must ensure all listed designees meet the constitutional qualifications for serving in the House.
Supporters argue
Supporters argue this provision is a proactive measure to ensure continuity of government, allowing Representatives to designate trusted individuals who align with their constituents' interests, thereby minimizing disruption in representation during a crisis.
Critics contend
Critics might express concern that this process could lead to 'dynastic' appointments or allow Representatives to select individuals who are not truly representative of the broader electorate, bypassing the direct democratic process.
Tradeoffs
Balances the need for immediate continuity of representation against the democratic principle of direct election, by allowing a Representative to pre-select potential temporary successors.
Proposed Article--, Section 2
Temporary Vacancy Appointment Process
In the event of a Representative's death, this section requires the chief executive of the affected state to select an individual from the deceased Representative's most recent designee list within 10 days. The Speaker of the House is then mandated to immediately fill the vacancy with the selected individual. This temporary appointee serves until a new Member is elected through a special election.
Proposed Article--, Section 3
Status of Temporary Representative and Subsequent Vacancies
This section clarifies that an individual serving as a temporary Representative under Section 2 is to be treated as a full Representative for all legal and regulatory purposes, including the requirement to provide their own list of designees under Section 1. Furthermore, if a temporary Representative dies, the state's chief executive must select a replacement from their most recent designee list, and the Speaker will immediately fill that subsequent vacancy.