What Happens if Congress Goes Dark? The Urgent Case for Continuity in Crisis

We all know the importance of having a plan in place for when the worst happens — but does Congress? With growing concerns over political violence, it’s unclear what would happen with the political institution that should be most representative of the American people if there were a mass member casualty event. I know this is a dark scenario, but let me explain why it’s better to be prepared. 

Strong and resilient democracies need systems and institutions capable of withstanding even the unthinkable. From the assassination of President John F. Kennedy to the tragic events of September 11, 2001, the American political system has been tested and, so far, it has persisted. Challenges like this stress the stability and legitimacy of any political system, but especially democracies where power is shared across institutions and structures. Due to House of Representatives parliamentary rules surrounding the need for, and definition of, a quorum, a mass member casualty event could render Congress completely dysfunctional. In that case, how would the voice of “the people” be represented? We just do not know.

It may come as a surprise, but the House is not properly equipped to handle such a scenario. In response, some congressional leaders are working together to ensure the legislative branch could continue to function in the case of a mass member casualty event. While the Constitution mandates that vacant House seats be filled through special elections, the process can take months and is determined by the states. Furthermore, in the midst of a crisis, it’s unclear what the process would look like. 

In response to the September 11, 2001, attacks, Congress passed a law in 2005 requiring states to hold special elections within 49 days of a mass member casualty event that leaves more than 100 vacancies. However, many states have yet to establish guardrails consistent with the requirements of federal law in the wake of institutional vulnerability. In early September, Rebecca Gambler, director of Homeland Security and Justice at the Government Accountability Office (GAO), testified before the Subcommittee on Modernization that only nine states “have laws for holding special elections to fill House vacancies that adopt aspects of the federal law, such as the 49-day time frame.” 

A report by GAO highlighted additional shortcomings, with Modernization Subcommittee Chair Rep. Stephanie Bice (R-OK) describing the findings as “eye-opening, to say the least.” Findings of the report indicate that election officials aren’t aware of the federal law establishing holding special elections in the event of extraordinary circumstances, and acknowledges the administrative challenges and financial burden such elections would entail, including selecting candidates, preparing and printing ballots, identifying polling places and poll workers, and reaching overseas voters.

To address this, a bipartisan group of members of Congress, including Modernization Subcommittee Ranking Member Rep. Derek Kilmer (D-WA), as well as Reps. Brad Wenstrup (R-OH), William Timmons (R-SC), and Emanuel Cleaver II (D-MO), have proposed a constitutional amendment. The proposal aims to ensure a continuity plan for the legislative branch during times of crisis by requiring elected members of Congress to provide a list of at least five designees who are qualified to serve in the event of their passing during session. The governor of their state must select a replacement from the provided list within 10 days, who would serve until a proper election can be conducted.

The need for a continuity plan for Congress is not just a hypothetical exercise; it’s a vital step in safeguarding the resilience of our democracy. History has shown us that crises, whether unforeseen or unimaginable, can strike at the heart of our institutions. Ensuring that Congress remains functional in the face of potential mass casualties is essential to maintaining public trust, upholding the rule of law, and preserving the voice of the people.

As political tensions rise and threats of violence loom, the absence of a clear plan leaves us vulnerable should the worst happen. A bipartisan approach to establish a continuity framework is not only practical, but necessary. By implementing a system that ensures swift, temporary representation in times of crisis, Congress has the opportunity to demonstrate to the American people and to the world that our government is prepared, resilient, and committed to enduring — even in the face of adversity. Safeguarding the continuity of Congress is not just about survival; it’s about affirming our democratic principles and ensuring that the voice of the people is never silenced.

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