This proposed constitutional amendment establishes a process for state executives to temporarily fill U.S. House vacancies using a pre-submitted list of designees following a Representative's death.
William Timmons
Representative
SC-4
This proposed constitutional amendment establishes a formal process to ensure the continuity of the U.S. House of Representatives by allowing for the temporary appointment of successors following a Representative's death. Newly elected members would be required to maintain a list of qualified designees, from which a temporary replacement would be selected to serve until a special election is held. This measure ensures that congressional districts remain represented during unexpected vacancies.
Constitutional Amendment Proposes 10-Day Emergency Appointments to Fill House Vacancies
This joint resolution proposes a massive change to the U.S. Constitution: a system for temporarily filling seats in the House of Representatives if a member dies. Currently, the House only allows seats to be filled by special elections, which can leave a district without a voice for months. Under this proposal, every newly elected Representative must submit a list of at least five qualified people—essentially a 'backup squad'—within days of taking their oath. If that Representative passes away, the Governor of their state has exactly 10 days to pick someone from that specific list to step in immediately. This temporary appointee would hold the seat with full voting power until a special election can be officially held.
The Backup List Strategy Think of this like a corporate succession plan, but for Congress. Every time a new member is sworn in, they have to file a 'Designee List' with the House. These five or more individuals must meet all the legal requirements to be a Representative—meaning they must be at least 25 years old, a U.S. citizen for seven years, and live in the state they represent. If you’re a voter in a district where a tragedy occurs, this means your seat wouldn't sit empty during critical votes on things like the federal budget or national emergencies. Instead, a temporary replacement from the former member's hand-picked list would be seated almost instantly to keep the gears of government turning.
Power in the Governor’s Pen While the Representative picks the names on the list, the state’s Chief Executive (usually the Governor) holds the power to choose which of those five people actually gets the job. This is where things get interesting for everyday citizens. Because the Governor has 10 days to make the call, the selection process happens fast. The appointee then takes over all duties, including the requirement to submit their own list of five backups. For a small business owner or a local worker, this ensures someone is still handling constituent services and voting on legislation, but it also means your temporary representative was chosen by a Governor and a predecessor, rather than directly by you at the ballot box.
The Continuity Trade-Off This plan addresses the 'what if' scenarios that keep constitutional scholars awake at night—like a mass casualty event that leaves the House unable to reach a quorum to pass laws. However, it introduces a new dynamic where a person could be voting on your taxes and rights without ever winning an election. The amendment gives these temporary members 'all the laws, rules, and regulations' of a regular member. While it prevents long stretches of zero representation, it places a lot of trust in the original Representative’s ability to pick a solid 'backup squad' and the Governor’s fairness in selecting from it. If passed by two-thirds of Congress, this would head to the states, where 38 of them would need to agree to make it the law of the land.