I 111th CONGRESS 1st Session H. R. 899 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.

Short Title

This Act may be cited as the Ethical and Legal Elections for Congressional Transitions Act.

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.

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: 7

Payments to Reimburse Portion of Costs Incurred in Holding Special Elections to Fill Senate Vacancies

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.

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. .