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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ethical and Legal 
Elections for Congressional Transitions Act’’. 
SEC. 2. REQUIRING SPECIAL ELECTION IN CASE OF VA-
CANCY IN OFFICE OF A SENATOR. 
(a) SPECIAL ELECTION.— 
(1) IN GENERAL.—Except as provided in sub-
section (b), if the President of the Senate issues a 
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certification that a vacancy exists in the office of a 
Senator, the chief executive of the State represented 
by the Senator shall issue a writ of election to fill 
the vacancy by special election. 
(2) TIMING OF ELECTION.—A special election 
under this subsection shall be held not later than 90 
days after the President of the Senate issues the 
certification described in paragraph (1). 
(3) APPLICATION OF STATE LAWS.—A special 
election under this subsection shall be held in ac-
cordance with applicable State law governing special 
elections in the State. 
(b) EXCEPTION FOR VACANCIES OCCURRING NEAR 
DATE
OF REGULARLY SCHEDULED ELECTION.—Sub-
section (a) shall not apply in the case of a vacancy in the 
office of a Senator if the President of the Senate issues 
the certification described in such subsection— 
(1) during the 90-day period which ends on the 
date a regularly scheduled general election for the 
office is to be held; or 
(2) during the period which begins on the date 
of a regularly scheduled general election for the of-
fice and ends on the first day of the first session of 
the next Congress which begins after the date of 
such election. 
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(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the authority of a State 
under the Constitution of the United States to authorize 
the chief executive of the State to make a temporary ap-
pointment to fill a vacancy in the office of Senator until 
a special election is held for the office, or to affect the 
authority of an individual who is appointed to fill such 
a vacancy until an individual is elected to the office in 
the special election. 
SEC. 3. REIMBURSEMENT OF PORTION OF COSTS IN-
CURRED BY STATE IN HOLDING SPECIAL 
ELECTION. 
(a) PAYMENTS TO REIMBURSE STATES FOR POR-
TION OF SPECIAL ELECTION COSTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (42 U.S.C. 
15401 et seq.) is amended by adding at the end the fol-
lowing new part: 
‘‘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. 
‘‘(a) PAYMENTS AUTHORIZED.—In accordance with 
the procedures and requirements of this section, the Com-
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mission shall make a payment to each eligible State to 
cover a portion of the costs incurred by the State in hold-
ing a special election required under the Ethical and Legal 
Elections for Congressional Transitions Act to fill a va-
cancy in the office of a Senator representing the State. 
‘‘(b) ELIGIBILITY.—A State is eligible to receive a 
payment under this part if it submits to the Commission, 
at such time and in such form as the Commission may 
require, a statement containing— 
‘‘(1) a notice of the reasonable costs incurred or 
the reasonable costs anticipated to be incurred by 
the State in holding the special election described in 
subsection (a), including the costs of any primary 
election held for purposes of determining the can-
didates in the special election; and 
‘‘(2) such other information and assurances as 
the Commission may require. 
‘‘(c) AMOUNT OF PAYMENT.—The amount of a pay-
ment made to a State under this section shall be equal 
to 50 percent of the reasonable costs incurred or the rea-
sonable costs anticipated to be incurred by the State in 
holding the special election described in subsection (a), as 
set forth in the statement submitted under subsection (b). 
‘‘(d) TIMING OF PAYMENTS.—The Commission shall 
make the payment required under this section to a State 
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not later than 30 days after receiving the statement sub-
mitted by the State under subsection (b). 
‘‘(e) RECOUPMENT
OF OVERPAYMENTS.—No pay-
ment may be made to a State under this section unless 
the State agrees to repay to the Commission the excess 
(if any) of— 
‘‘(1) the amount of the payment received by the 
State under this section with respect to the election 
involved; over 
‘‘(2) the actual costs incurred by the State in 
holding the election involved. 
‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Com-
mission such sums as may be necessary for fiscal year 
2009 and each succeeding fiscal year for payments under 
this part.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Help America Vote Act of 2002 is amended by add-
ing at the end of the items relating to subtitle D of title 
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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