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HR 8581
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SET Act

To require States to hold special elections to fill vacancies in the House of Representatives not later than 180 days after a vacancy occurs in the House of Representatives, and for other purposes.

Introduced Apr 29, 2026

Latest action (Apr 29, 2026) Referred to the House Committee on House Administration.

Summary

This bill amends federal law to require states to hold special elections to fill House of Representatives vacancies within 180 days of when the vacancy occurs. The requirement does not apply if a regularly scheduled general election for the office is already scheduled to occur during the 180-day period following the vacancy. The bill gives the Attorney General authority to bring civil lawsuits against state chief executives for violations, and allows private parties—including the Speaker and Minority Leader of the House—to also bring civil actions seeking court orders to enforce the requirement. The bill clarifies that special elections are elections held to fill vacancies and do not include nomination elections.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)

Actions (2)

  1. Apr 29, 2026 Referred to the House Committee on House Administration. · house
  2. Apr 29, 2026 Introduced in House

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

Full text

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 8581 Introduced in House (IH)]

<DOC>

119th CONGRESS 2d Session H. R. 8581

To require States to hold special elections to fill vacancies in the House of Representatives not later than 180 days after a vacancy occurs in the House of Representatives, and for other purposes.

A BILL

To require States to hold special elections to fill vacancies in the House of Representatives not later than 180 days after a vacancy occurs in the House of Representatives, 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 “Special Election Timeliness Act” or the “SET Act”.

SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN HOUSE.

(a) In General.—Section 26(a) of the Revised Statutes of the United States (2 U.S.C. 8(a)) is amended to read as follows:

“(a) In General.—

“(1) Special election to fill vacancy.—Except as provided in subsection (b) and subject to the requirements under paragraph (2), the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.

“(2) Deadline for special election.—A special election to fill a vacancy under paragraph (1) shall occur not later than 180 days after the date the vacancy occurs, unless a regularly scheduled general election for the office involved is to be held at any time during the 180-day period which begins on the date the vacancy occurs.

“(3) Civil enforcement.—

“(A) In general.—The Attorney General may bring a civil action against the chief executive of the State concerned in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subsection.

“(B) Private right of action.—A person who is aggrieved by a violation of this subsection, including the Speaker of the House of Representatives or the Minority Leader of the House, may bring a civil action against the chief executive of the State concerned in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this subsection.

“(4) Special election defined.—For purposes of this subsection, the term ‘special election’ means an election for purposes of electing a candidate to fill a vacancy described in paragraph (1) and does not include an election for purposes of nominating candidates to fill such a vacancy.”. <all>

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