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AB 2760 Op Ed


Monday, September 30, 2002

Los Altos Town Crier Opinion by Assemblyman Joe Simitian

When hundreds of local residents gathered at the Hillview soccer field this September 11th, it was a reminder that what was once unimaginable is now something we must not only consider, but plan for. We know now that the United States is not impervious to attack.

And we must now ask ourselves some difficult questions.  Among those questions: How would our federal government function in the aftermath of a direct attack on Washington D.C. by terrorists or an enemy power?  How would we have responded if Flight 93 had crashed into the Capitol building in Washington D.C.?  How could we quickly reconstitute Congress if a significant number of its members were killed or incapacitated?

One approach, currently under discussion in Washington D.C., would allow state governors to appoint replacement members to the House of Representatives, which is one possible solution. But the House of Representatives has historically been “the people’s house,” directly elected.  In fact, in our nation’s history, there has never been an appointed member. That’s why special election is currently the only means to replace members of the House who are killed or incapacitated.  Even if we were to break with 200+ years of history, however, a system of gubernatorial appointments would require a constitutional amendment, a lengthy and uncertain process. 

For that reason, I authored Assembly Bill 2760, which the Governor has signed into law.  This bill creates a procedure to quickly replace fallen members of California’s congressional delegation in the event 25% or more of the House of Representatives or the California delegation was killed in an attack.

AB2760 directs the Governor to proclaim a special election within seven days of such a catastrophe; a general election would then be held within 60 days, reducing the normal time frame for a vote by 4 to 5 months.

While it’s true that the President could assume emergency powers during a national crisis, and that even a handful of surviving members of Congress could lawfully carry on, there are at least three important reasons to ensure a fully functioning Congress as quickly as possible:

First, a functioning Congress at full strength would send a powerful message to our enemies and our allies abroad that our democratic institutions endure.  And at a time of national crisis, it would reassure all anxious Americans that our constitutional government is intact.

Second, presidential nominations, vital legislation, and important funding decisions must be approved by a majority of both houses, making a working legislative body a necessity.  A fully functioning House of Representatives would never be more important than in the immediate aftermath of a crisis.

Finally, California will need to quickly re-establish its voice in Congress.  Within the 60 days after September 11th, 2001, America was at war with the Taliban, and had passed the USA Patriot Act, significant and wide-ranging legislation dealing with domestic security.  Thirty-four million Californians need to be represented in any deliberations that could determine the country and our state’s future, including the relative sacrifices to be borne.

We know now that we have the obligation to plan for what was previously unthinkable.  Our experience during the past year suggests the need for planning, prudence, and precaution, not panic. Let’s hope we never have need of AB 2760, but take some satisfaction in the knowledge that by planning for these dark possibilities, our democratic institutions can and will endure no matter how great the challenge.

(State Assemblyman Joe Simitian (D - Palo Alto) represents portions of San Mateo and Santa Clara Counties, including Los Altos and Los Altos Hills.)