WASHINGTON - Committee on House Administration Chairman Bryan Steil (WI-01) and Representative Derek Kilmer (WA-06) requested the Government Accountability Office (GAO) conduct a study if states are equipped to comply with the law as it’s currently written for filling U.S. House of Representative member vacancies in case of mass casualties.

"Ensuring states are equipped to conduct our elections in a timely manner is of utmost importance," said Chairman Steil. "During the ACE Act mark-up, I pledged to work with Rep. Kilmer on this important initiative to ensure continuity of Congress. While we hope such a terrible day never comes, I look forward to working with the GAO and States to learn how we can ensure federal law requirements accurately reflect the realities of conducting a special election in an emergency situation."

“Congress needs to be able to function in an emergency. When the Modernization Committee looked at issues related to congressional continuity, we found that, while perhaps unlikely, the potential of a mass casualty or political violence flipping a majority could substantially impact the ability of Congress to do its job,” said Rep. Kilmer. “States are currently required to hold a special election within 49 days, but the Modernization Committee heard from secretaries of state that states may struggle to comply with those requirements. In our recent letter to the Comptroller General, my colleagues on the AdministrationCommittee and I highlighted the urgent need for a comprehensive study on states’ ability to comply with the mandated 49-day timeframe, a critical component for maintaining functionality during crises. Together, we’re committed to pursuing a path forward to address this issue – and we invite collaboration with the Government Accountability Office to help Congress prepare for the continuity of government and operations during an emergency.”

Read the full letter here.

Background:

During a markup of H.R. 4563, the American Confidence in Elections Act, the Committee on House Administration unanimously approved a bipartisan amendment directing GAO to study this issue.

In the 117th Congress, the Select Committee on the Modernization of Congress held a related hearing entitled, “Congressional Continuity: Ensuring the First Branch is Prepared in Times of Crisis.” In preparation for that hearing, several Secretaries of State responsible for the administration of special elections in their states raised concerns about their ability to comply with the required timelines.

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