Rohrabacher #1
Amendment in the Nature of a Substitute. Provides for temporary acting successors for deceased or incapacitated Representatives and Senators to serve only during a period in which, under current law, a seat in the House is vacant or a seat in the Senate is either vacant or occupied by an appointed Senator. Acting Senators and Representatives would serve from the date of death/incapacity until a successor is elected in a special election (or until the end of the term if there is no special election).

The designated successor would be the highest-ranked person meeting the constitutional qualifications for the office on a list of 3-5 people submitted by the elected person 60 days or more prior to his/her election. Such lists would be effective during (i.e. not outside of) the term for which the Senator/Representative (or Senator/Representative-elect) is elected. Senators may also submit such lists 60 days prior to elections in which they are not up for election, with the list being effective for the next Congress.

Incapacity is declared either by the Senator/Representative him/herself or a majority of their listed potential successors. A declaration by the potential successors can be overruled at any time by a declaration from the Senator/Representative him/herself.

To provide the incentive for candidates to submit appropriate lists of potential successors, governors will appoint the temporary successors if no list is submitted, or if none of the listed potential successors is able to serve.

The current Senatorial appointment power of governors is repealed. Congress is given the power to enforce this constitutional amendment by appropriate legislation. The constitutional amendment is effective at the beginning of the next Congress after ratification, but lists submitted prior to ratification for terms beginning after ratification are valid.

Rohrabacher #2
Amendment in the Nature of a Substitute. Same as Rohrabacher #1, except that provisions do not apply to the Senate-just the House of Representatives. Accordingly, the amendment provides for temporary acting successors for deceased or incapacitated Representatives to serve only during a period in which, under current law, a seat is vacant. Acting Representatives would serve from the date of death/incapacity until a successor is elected (whether in a special or regular election).

The designated successor would be the highest-ranked person meeting the constitutional qualifications for the office on a list of 3-5 people submitted by the elected person 60 days or more prior to his/her election. Such lists would be effective during (i.e. not outside of) the term for which the Representative (or Representative-elect) is elected.

Incapacity is declared either by the Representative him/herself or a majority of his/her listed potential successors. A declaration by the potential successors can be overruled at any time by a declaration from the Representative him/herself.

To provide the incentive for candidates to submit appropriate lists of potential successors, governors will appoint the temporary successors if no list is submitted, or if none of the listed potential successors is able to serve.

Congress is given the power to enforce this constitutional amendment by appropriate legislation. The constitutional amendment is effective at the beginning of the next Congress after ratification, but lists submitted prior to ratification for terms beginning after ratification are valid.

* Summaries derived from information submitted by the amendment sponsors.