SET Act

Bill Number: H.R. 8581
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Congress
Status: Introduced
Latest Action: 2026-04-29: Referred to the House Committee on House Administration.
Last Updated: 2026-05-16T08:07:31Z

AI-Generated Summary

Purpose

The Special Election Timeliness Act (H.R. 8581), also known as the SET Act, aims to ensure that vacancies in the U.S. House of Representatives are filled promptly by requiring states to hold special elections no later than 180 days after a vacancy occurs.

Key Provisions

180-Day Deadline: States, Districts, or Territories must hold a special election to fill a House vacancy (due to death, resignation, incapacity, or failure to elect) within 180 days, unless a regular general election for the seat is scheduled within that period.
Enforcement Mechanisms:
The U.S. Attorney General may file a civil lawsuit against the state's chief executive (e.g., governor) in federal court for declaratory or injunctive relief (court orders declaring rights or stopping violations).
Private lawsuits allowed by aggrieved individuals, including the Speaker or Minority Leader of the House, against the state's chief executive for similar relief.
Definition: A "special election" specifically means the election to fill the vacancy itself, not primaries or nominating contests.

Significant Changes to Existing Law

Amends 2 U.S.C. 8(a) (Section 26(a) of the Revised Statutes), which previously allowed states full discretion to set the timing of special elections for House vacancies.
Introduces a mandatory federal deadline (180 days) and new civil enforcement tools, shifting from state-controlled timing to federally imposed limits with judicial oversight.

Potential Impacts

Government Agencies: U.S. Department of Justice gains authority to enforce compliance; House leadership can expedite vacancy fillings via lawsuits.
Citizens: Residents in affected congressional districts gain faster representation, reducing periods without full voting representation in Congress.
States: Governors and election officials face stricter timelines, potential legal costs, and federal court intervention if delays occur; no direct impact on international relations.

Main Stakeholders

States and Territories: Chief executives (e.g., governors) and election administrators responsible for scheduling elections.
U.S. House of Representatives: Members, especially leadership (Speaker, Minority Leader), who can sue to enforce timelines.
Citizens and Voters: In districts with vacancies, benefiting from quicker representation.
U.S. Department of Justice: Attorney General's office for enforcement actions.

Notable Legal, Constitutional, or Political Implications

Federalism Concerns: Increases federal oversight of state election processes, potentially raising questions about states' rights under the U.S. Constitution (10th Amendment), though it builds on existing federal authority over House vacancies (Article I, Section 2).
Judicial Role: Expands opportunities for federal courts to intervene in state election scheduling via civil actions.
Political Dynamics: Could reduce partisan delays in filling vacancies, promoting more consistent House composition, but may pressure states during high-vacancy periods (e.g., close to elections). No direct constitutional challenges noted in the bill text.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Menefee, Christian D. [D-TX-18]

Cosponsors (8)

Rep. Raskin, Jamie [D-MD-8], Rep. Clarke, Yvette D. [D-NY-9], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Beatty, Joyce [D-OH-3], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. McIver, LaMonica [D-NJ-10], Rep. Figures, Shomari [D-AL-2], Rep. Casar, Greg [D-TX-35]

Recent Actions

2026-04-29: Referred to the House Committee on House Administration.
2026-04-29: Introduced in House
2026-04-29: Introduced in House

Bill Versions

Special Election Timeliness Act — issued 2026-04-29 — PDF (3 pages)