[House Report 108-466]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-466
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PROVIDING FOR CONSIDERATION OF H.R. 2844, CONTINUITY IN REPRESENTATION
ACT OF 2004
_______
April 21, 2004.--Referred to the House Calendar and ordered to be
printed
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Mr. Hastings of Washington, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 602]
The Committee on Rules, having had under consideration
House Resolution 602 by a record vote of 6 to 3, reports the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2844, the
Continuity in Representation Act of 2004, under a structured
rule. The rule 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.
The rule waives points of order against consideration of
the bill for failure to comply with clause 3(c)(4) of rule XIII
(relating to a statement of general performance goals and
objectives in the report of the Committee on the Judiciary).
The rule 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. The
rule makes in order only those amendments printed in this
report, and provides that those amendments may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this 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 a division of the question in the House
or in the Committee of the Whole. The rule waives all points of
order against the amendments printed in this report. Finally,
the rule provides 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 AMENDMENTS MADE IN ORDER
1. Larson: Strikes out the bill's overall 45-day time frame
to conduct special elections and substitutes 75 days. (20
minutes)
2. Larson: 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: 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. (20 minutes)
4. Jackson-Lee: 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. (10 minutes)
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 245
Date: April 21, 2004.
Measure: H.R. 2844, Continuity in Representation Act of
2004.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Larson which provides that nothing in the bill may be construed
to affect the application to special elections of a series of
enumerated laws relating to civil rights and voting rights.
These are the Voting Rights Act of 1965, the Voting
Accessibility for the Elderly and Handicapped Act, the
Uniformed and Overseas Citizens Absentee Voting Act, the
National Voter Registration Act of 1993, the Americans with
Disabilities Act of 1990, and the Rehabilitation Act of 1973.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 246
Date: April 21, 2004.
Measure: H.R. 2844, Continuity in Representation Act of
2004.
Motion by: Mr. McGovern.
Summary of motion: To make in order and provide the
appropriate waivers for the following amendments offered en
bloc: Sherman No. 2; Sherman No. 3; Baird No. 11; Baird No. 13;
Hooley No. 10; Larson No. 9.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 247
Date: April 21, 2004.
Measure: H.R. 2844, Continuity in Representation Act of
2004.
Motion by: Mr. McGovern.
Summary of motion: To provide an additional 60 minutes of
general debate.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 248
Date: April 21, 2004.
Measure: H.R. 2844, Continuity in Representation Act of
2004.
Motion by: Mr. Goss.
Summary of motion: To report the resolution.
Results: Agreed to 6 to 3.
Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Frost--Nay; Slaughter--Nay;
McGovern--Nay; Dreier--Yea.
PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED
In section 26(b) of the Revised Statutes of the United
States, as proposed to be added by the bill, add at the end the
following new paragraph:
``(5) Deadline for transmittal of absentee ballots
for absent military and overseas voters.--In conducting
a special election held under this subsection to fill a
vacancy in its representation, the State shall ensure
to the greatest 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 (as such terms are
defined in the Uniformed and Overseas Citizens Absentee
Voting Act) not later than 15 days after the Speaker of
the House of Representatives announces that the vacancy
exists.''.
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PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Larson of Connecticut,
or His Designee, Debatable for 20 Minutes
In section 26(b)(2) of the Revised Statutes of the United
States, as proposed to be added by the bill, strike ``45 days''
and insert ``75 days''.
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2. An Amendment To Be Offered by Representative Larson of Connecticut,
or His Designee, Debatable for 20 Minutes
Amend paragraph (3) of section 26(b) of the Revised Statutes
of the United States, as proposed to be added by the bill, to
read as follows:
``(3) Eligibility of candidates.--
``(A) In general.--A candidate shall be
eligible to run in a special election held in a
State under this subsection if the candidate
meets such requirements as may apply under
State law.
``(B) Extension of deadline for election.--A
State may extend the deadline provided under
paragraph (2) for a special election to the
extent the State considers necessary to prepare
balloting materials and distribute absentee
ballots which include the names of all eligible
candidates, and to otherwise ensure that all
eligible candidates are given sufficient time
to prepare for and participate in the
election.''.
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3. An Amendment To Be Offered by Representative Skelton of Missouri, or
His Designee, Debatable for 20 Minutes
In section 26(b) of the Revised Statutes of the United
States, as proposed to be added by the bill, add at the end the
following new paragraph:
``(5) Period for ballot transit time for absent
military and overseas voters.--Notwithstanding the
deadlines referred to in paragraphs (2) and (3), in the
case of an individual who is an absent uniformed
services voter or an overseas voter (as such terms are
defined in the Uniformed and Overseas Citizens Absentee
Voting Act), a State shall accept and process any
otherwise valid ballot or other election material from
the voter so long as the ballot or other 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.''.
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4. An Amendment To Be Offered by Representative Jackson-Lee of Texas,
or Her Designee, Debatable for 10 Minutes
In section 26(b)(4)(C)(i) of the Revised Statutes of the
United States, as proposed to be added by the bill, strike ``2
days'' and insert ``7 days''.
In section 26(b)(4)(C)(iii) of the Revised Statutes of the
United States, as proposed to be added by the bill, insert
after ``the action'' the following: ``(taking into account an
opportunity for an expedited appeal of the initial decision)''.
In section 26(b)(4)(C)(iv) of the Revised Statutes of the
United States, as proposed to be added by the bill, insert
after ``vacant'' the following: ``any citizen of the district
and any political party of the State''.