2 U.S.C. § 8 : US Code - Section 8: Vacancies

Search 2 U.S.C. § 8 : US Code - Section 8: Vacancies

(a) In general
Except as provided in subsection (b) of this section, 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.
(b) Special rules in extraordinary circumstances
(1) In general
In extraordinary circumstances, the executive authority of any
State in which a vacancy exists in its representation in the
House of Representatives shall issue a writ of election to fill
such vacancy by special election.
(2) Timing of special election
A special election held under this subsection to fill a vacancy
shall take place not later than 49 days after the Speaker of the
House of Representatives announces that the vacancy exists,
unless, during the 75-day period which begins on the date of the
announcement of the vacancy - 
(A) a regularly scheduled general election for the office
involved is to be held; or
(B) another special election for the office involved is to be
held, pursuant to a writ for a special election issued by the
chief executive of the State prior to the date of the
announcement of the vacancy.
(3) Nominations by parties
If a special election is to be held under this subsection, the
determination of the candidates who will run in such election
shall be made - 
(A) by nominations made not later than 10 days after the
Speaker announces that the vacancy exists by the political
parties of the State that are authorized by State law to
nominate candidates for the election; or
(B) by any other method the State considers appropriate,
including holding primary elections, that will ensure that the
State will hold the special election within the deadline
required under paragraph (2).
(4) Extraordinary circumstances
(A) In general
In this subsection, "extraordinary circumstances" occur when
the Speaker of the House of Representatives announces that
vacancies in the representation from the States in the House
exceed 100.
(B) Judicial review
If any action is brought for declaratory or injunctive relief
to challenge an announcement made under subparagraph (A), the
following rules shall apply:
(i) Not later than 2 days after the announcement, the
action shall be filed in the United States District Court
having jurisdiction in the district of the Member of the
House of Representatives whose seat has been announced to be
vacant and shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28.
(ii) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives.
(iii) A final decision in the action shall be made within 3
days of the filing of such action and shall not be
reviewable.
(iv) The executive authority of the State that contains the
district of the Member of the House of Representatives whose
seat has been announced to be vacant shall have the right to
intervene either in support of or opposition to the position
of a party to the case regarding the announcement of such
vacancy.
(5) Protecting ability of absent military and overseas voters to
participate in special elections
(A) Deadline for transmittal of absentee ballots
In conducting a special election held under this subsection
to fill a vacancy in its representation, the State shall ensure
to the greatest extent practicable (including through the use
of electronic means) that absentee ballots for the election are
transmitted to absent uniformed services voters and overseas
voters (as such terms are defined in the Uniformed and Overseas
Citizens Absentee Voting Act [42 U.S.C. 1973ff et seq.]) not
later than 15 days after the Speaker of the House of
Representatives announces that the vacancy exists.
(B) Period for ballot transit time
Notwithstanding the deadlines referred to in paragraphs (2)
and (3), in the case of an individual who is an absent
uniformed services voter or an overseas voter (as such terms
are defined in the Uniformed and Overseas Citizens Absentee
Voting Act), a State shall accept and process any otherwise
valid ballot or other election material from the voter so long
as the ballot or other material is received by the appropriate
State election official not later than 45 days after the State
transmits the ballot or other material to the voter.
(6) Application to District of Columbia and territories
This subsection shall apply - 
(A) to a Delegate or Resident Commissioner to the Congress in
the same manner as it applies to a Member of the House of
Representatives; and
(B) to the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, and the United States Virgin
Islands in the same manner as it applies to a State, except
that a vacancy in the representation from any such jurisdiction
in the House shall not be taken into account by the Speaker in
determining whether vacancies in the representation from the
States in the House exceed 100 for purposes of paragraph
(4)(A).
(7) Rule of construction regarding Federal election laws
Nothing in this subsection may be construed to affect the
application to special elections under this subsection of any
Federal law governing the administration of elections for Federal
office (including any law providing for the enforcement of any
such law), including, but not limited to, the following:
(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.),
as amended.
(B) The Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee et seq.), as amended.
(C) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.), as amended.
(D) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.), as amended.
(E) The Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), as amended.
(F) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
as amended.
(G) The Help America Vote Act of 2002 (42 U.S.C. 15301 et
seq.), as amended.