[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 899 Introduced in House (IH)]
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 Representatives 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 VACANCY IN OFFICE OF A
SENATOR.
(a) Special Election.--
(1) In general.--Except as provided in subsection (b), if
the President of the Senate issues a 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 accordance with applicable
State law governing special elections in the State.
(b) Exception for Vacancies Occurring Near Date of Regularly
Scheduled Election.--Subsection (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 office and ends on
the first day of the first session of the next Congress which
begins after the date of such election.
(c) Rule of Construction.--Nothing in this section 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 appointment 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 INCURRED BY STATE IN HOLDING
SPECIAL ELECTION.
(a) Payments To Reimburse States for Portion 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 following 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 Commission shall make a payment to
each eligible State to cover a portion of the costs incurred by the
State in holding a special election required under the Ethical and
Legal Elections for Congressional Transitions Act to fill a vacancy 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 candidates in the special election; and
``(2) such other information and assurances as the
Commission may require.
``(c) Amount of Payment.--The amount of a payment made to a State
under this section shall be equal to 50 percent 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), 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 not later than 30 days after
receiving the statement submitted by the State under subsection (b).
``(e) Recoupment of Overpayments.--No payment 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 Commission 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 adding 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.''.
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