I 

111TH CONGRESS 

1ST SESSION H. R. 899 

To require States to hold special elections in the event of a vacancy in 

the office of a Senator representing the State, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2009 

Mr. SCHOCK (for himself, Mr. SHIMKUS, and Mr. PETRI) introduced the 

following bill; which was referred to the Committee on House Administration 

A BILL 

To require States to hold special elections in the event of 

a vacancy in the office of a Senator representing the 

State, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ethical and Legal 

5 Elections for Congressional Transitions Act’’. 

6 SEC. 2. REQUIRING SPECIAL ELECTION IN CASE OF VA7 CANCY IN OFFICE OF A SENATOR. 

8 (a) SPECIAL ELECTION.— 

9 (1) IN GENERAL.—Except as provided in sub10 section (b), if the President of the Senate issues a 


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1 certification that a vacancy exists in the office of a 

2 Senator, the chief executive of the State represented 

3 by the Senator shall issue a writ of election to fill 

4 the vacancy by special election. 

5 (2) TIMING OF ELECTION.—A special election 

6 under this subsection shall be held not later than 90 

7 days after the President of the Senate issues the 

8 certification described in paragraph (1). 

9 (3) APPLICATION OF STATE LAWS.—A special 

10 election under this subsection shall be held in ac11 cordance with applicable State law governing special 

12 elections in the State. 

13 (b) EXCEPTION FOR VACANCIES OCCURRING NEAR

14 DATE OF REGULARLY SCHEDULED ELECTION.—Sub15 section (a) shall not apply in the case of a vacancy in the 

16 office of a Senator if the President of the Senate issues 

17 the certification described in such subsection— 

18 (1) during the 90-day period which ends on the 

19 date a regularly scheduled general election for the 

20 office is to be held; or 

21 (2) during the period which begins on the date 

22 of a regularly scheduled general election for the of23 fice and ends on the first day of the first session of 

24 the next Congress which begins after the date of 

25 such election. 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to affect the authority of a State 

3 under the Constitution of the United States to authorize 

4 the chief executive of the State to make a temporary ap5 pointment to fill a vacancy in the office of Senator until 

6 a special election is held for the office, or to affect the 

7 authority of an individual who is appointed to fill such 

8 a vacancy until an individual is elected to the office in 

9 the special election. 

10 SEC. 3. REIMBURSEMENT OF PORTION OF COSTS IN11 CURRED BY STATE IN HOLDING SPECIAL 

12 ELECTION. 

13 (a) PAYMENTS TO REIMBURSE STATES FOR POR14 TION OF SPECIAL ELECTION COSTS.—Subtitle D of title 

15 II of the Help America Vote Act of 2002 (42 U.S.C. 

16 15401 et seq.) is amended by adding at the end the fol17 lowing new part: 

18 ‘‘PART 7—PAYMENTS TO REIMBURSE PORTION 

19 OF COSTS INCURRED IN HOLDING SPECIAL 

20 ELECTIONS TO FILL SENATE VACANCIES 

21 ‘‘SEC. 297. PAYMENTS TO STATES TO REIMBURSE PORTION 

22 OF COSTS INCURRED IN HOLDING SPECIAL 

23 ELECTIONS TO FILL SENATE VACANCIES. 

24 ‘‘(a) PAYMENTS AUTHORIZED.—In accordance with 

25 the procedures and requirements of this section, the ComVerDate Nov 24 2008 06:39 Feb 08, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H899.IH H899

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1 mission shall make a payment to each eligible State to 

2 cover a portion of the costs incurred by the State in hold3 ing a special election required under the Ethical and Legal 

4 Elections for Congressional Transitions Act to fill a va5 cancy in the office of a Senator representing the State. 

6 ‘‘(b) ELIGIBILITY.—A State is eligible to receive a 

7 payment under this part if it submits to the Commission, 

8 at such time and in such form as the Commission may 

9 require, a statement containing— 

10 ‘‘(1) a notice of the reasonable costs incurred or 

11 the reasonable costs anticipated to be incurred by 

12 the State in holding the special election described in 

13 subsection (a), including the costs of any primary 

14 election held for purposes of determining the can15 didates in the special election; and 

16 ‘‘(2) such other information and assurances as 

17 the Commission may require. 

18 ‘‘(c) AMOUNT OF PAYMENT.—The amount of a pay19 ment made to a State under this section shall be equal 

20 to 50 percent of the reasonable costs incurred or the rea21 sonable costs anticipated to be incurred by the State in 

22 holding the special election described in subsection (a), as 

23 set forth in the statement submitted under subsection (b). 

24 ‘‘(d) TIMING OF PAYMENTS.—The Commission shall 

25 make the payment required under this section to a State 


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1 not later than 30 days after receiving the statement sub2 mitted by the State under subsection (b). 

3 ‘‘(e) RECOUPMENT OF OVERPAYMENTS.—No pay4 ment may be made to a State under this section unless 

5 the State agrees to repay to the Commission the excess 

6 (if any) of— 

7 ‘‘(1) the amount of the payment received by the 

8 State under this section with respect to the election 

9 involved; over 

10 ‘‘(2) the actual costs incurred by the State in 

11 holding the election involved. 

12 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to the Com14 mission such sums as may be necessary for fiscal year 

15 2009 and each succeeding fiscal year for payments under 

16 this part.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 of the Help America Vote Act of 2002 is amended by add19 ing at the end of the items relating to subtitle D of title 

20 II the following: 

‘‘PART 7—PAYMENTS TO REIMBURSE PORTION OF COSTS INCURRED IN

HOLDING SPECIAL ELECTIONS TO FILL SENATE VACANCIES

‘‘Sec. 297. Payments to States to reimburse portion of costs incurred in holding 

special elections to fill Senate vacancies. 

‘‘Sec. 297A. Authorization of appropriations.’’. 

Æ 


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