# Provisional Quorum The **provisional quorum** is the mechanism in **House Rule XX, clause 5(c)** that allows the House of Representatives to conduct business after a catastrophe kills or incapacitates enough members that a majority of those "elected, sworn, and living" can no longer be assembled. When catastrophic circumstances are established through a four-step procedure taken in order without intervening adjournment, the quorum requirement drops to a majority of a smaller "provisional number." The rule was codified in the 108th Congress and re-adopted through H.Res. 5 of the 109th. It exists because Article I, § 2, cl. 4 permits House vacancies to be filled **only** by special election — a governor cannot appoint a Representative, as one may appoint a Senator under the [[Seventeenth Amendment]] — so a mass-casualty event would leave the House unable to act for months. Members objected that the rule is unconstitutional, since Article I, § 5 sets quorum at "a Majority of each." The Speaker declined to entertain the point of order, citing precedents barring the chair from ruling on the constitutionality of a pending proposal. The question has never been resolved. See [[Continuity of Government Structure]]. ## See also - [[Continuity of Government Structure]] - [[Continuity of Government Commission]]