A bill approved by the U.S. House of Representatives last week would require states to hold elections to quickly fill vacated seats of the legislative body in the case of an extreme emergency, namely a terrorist attack.
In response to the attacks of Sept. 11, 2001, the plan would allow states a period of 49 days in which to fill the House if a sudden event emptied 100 or more seats.
Titled the Continuity in Representation Act of 2005, the bill is chiefly sponsored by Rep. Jim Sensenbrenner, R-Menomonee Falls, who stresses that such legislation is necessary to uphold the traditional integrity of the House, even in a time of national catastrophe.
While both the presidency and the U.S. Senate are able to maintain continuity through appointment by means of the line of succession and governor assignment respectively, the U.S. House is uniquely based upon the principle of direct elections.
Sensenbrenner, the House Judiciary Committee chairman, along with a 329-to-68 majority of the House, voted for the bill, opposing other measures in order to preserve the constitutional value of direct representation.
“The House has always been the people’s house,” Sensenbrenner’s spokesman Jeff Lungren said. “During a catastrophic event, it is the only body that must be representative of the people. It’s imperative that the people always have a voice in the government.”
Lungren also pointed to the importance of populating the House “as quickly as possible” without amending the Constitution. This legislation can be approved quickly, while a constitutional amendment would be a “long, difficult process.”
Opponents of the bill believe 49 days is not an adequate amount of time to hold proper elections. Rep. Tammy Baldwin, D-Madison, was the only Wisconsin House member to vote against the bill.
“[Rep. Baldwin] did not feel that this bill provided enough time and enough planning to ensure elections in which every eligible voter could participate in a meaningful way,” Baldwin’s press secretary Jerilyn Goodman said.
Goodman cited the problems that would arise while attempting to coordinate primary elections and absentee voting.
According to Goodman, “Experts have said that states would not be able to put together meaningful elections in the time allotted.”
Challenging this claim, Lungren identified the 10 states already requiring special elections within 45 days, four days less than the period mandated by Sensenbrenner’s legislation.
“Seven weeks is time enough to conduct a meaningful election while still remaining faithful to the founding fathers,” Lungren said.
Wisconsin law states at least 62 days are necessary for special elections. While he recognizes the time challenges the bill would present, Wisconsin Elections Board executive director Kevin Kennedy says it is easier to implement this legislation than to change the Constitution.
“We’ll do what we can to administer the bill,” Kennedy said.
The Continuity in Representation Act now awaits the approval of the U.S. Senate. Though a similar bill proposed last year was blocked, supporters hope that because the legislation only affects House members, it will be passed. When this is the case one chamber will oftentimes defer to the other as a gesture of social harmony.
Acoording to Lungren, “We are hopeful and optimistic that [the Senate] will sign [the bill].”





Leave a comment