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2 U.S.C. § 8 — Vacancies
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), 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 primar
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Stable record: federal_law:legal_authorities:record_usc_dc13c723150729d664b93acb
Source file: Laws/federal/codes/united-states-code/title-2/section-8-vacancies--d50859f904.md
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Source location: Title 2, Chapter 1, § 8; chapter-001-election-of-senators-and-representatives.md
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**(a) In general** Except as provided in subsection (b), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2284&num=0&edition=prelim).
(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 [[52 U.S.C. 20301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973&num=0&edition=prelim) et seq.) [now [52 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10301&num=0&edition=prelim) et seq.], as amended.
(B) The Voting Accessibility for the Elderly and Handicapped Act ([42 U.S.C. 1973ee](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973ee&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20101&num=0&edition=prelim) et seq.], as amended.
(C) The Uniformed and Overseas Citizens Absentee Voting Act ([42 U.S.C. 1973ff](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973ff&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim) et seq.], as amended.
(D) The National Voter Registration Act of 1993 ([42 U.S.C. 1973gg](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973gg&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20501&num=0&edition=prelim) et seq.], as amended.
(E) The Americans With Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.), as amended.
(F) The Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.), as amended.
(G) The Help America Vote Act of 2002 ([42 U.S.C. 15301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15301&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20901&num=0&edition=prelim) et seq.], as amended.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1973gg was editorially reclassified as [section 20501 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20501&num=0&edition=prelim), Voting and Elections.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1973gg
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Federal law — U.S. Code and appendices · legal_authorities
It is the intention of Congress in enacting this chapter to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for Federal elections.
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 45 days after October 29, 2002, the Administrator of General Services (in this subchapter referred to as the “Administrator”) shall establish a program under which the Administrator shall make a payment to each State in which the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, notifies the Administrator not later than 6 months after October 29, 2002, that the State intends to use the payment in accordance with this section.
**(b) Use of payment**
(1) **In general** — A State shall use the funds provided under a payment made under this section to carry out one or more of the following activities:
(A) Complying with the requirements under subchapter III.
(B) Improving the administration of elections for Federal office.
(C) Educating voters concerning voting procedures, voting rights, and voting technology.
(D) Training election officials, poll workers, and election volunteers.
(E) Developing the State plan for requirements payments to be submitted under subpart 1 of part D of subchapter II.
(F) Improving, acquiring, leasing, modifying, or replacing voting systems and technology and methods for casting and counting votes.
(G) Improving the accessibility and quantity of polling places, including providing physical access for individuals with disabilities, providing nonvisual access for individuals with visual impairments, and providing assistance to Native Americans, Alaska Native citizens, and to individuals with limited proficiency in the English language.
(H) Establishing toll-free telephone hotlines that voters may use to report possible voting fraud and voting rights violations, to obtain general election information, and to access det
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20901
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1973 was editorially reclassified as [section 10301 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10301&num=0&edition=prelim), Voting and Elections.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1973
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in [section 10303(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/f/2&num=0&edition=prelim), as provided in subsection (b).
**(b)** A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 10301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body.
**(b)** In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows:
(1) Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding.
(2) If the action is against a State, or officer or agency thereof, at least five days’ notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State.
(3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2284
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 15301 was editorially reclassified as [section 20901 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20901&num=0&edition=prelim), Voting and Elections.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of State plans**
(1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
(2) **Procedures**
(A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim).
(B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions—
(i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator;
(ii) to the State agency shall be deemed to be references to the designated State entity; and
(iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential designee** The President shall designate the head of an executive department to have primary responsibility for Federal functions under this chapter.
**(b) Duties of Presidential designee** The Presidential designee shall—
(1) consult State and local election officials in carrying out this chapter, and ensure that such officials are aware of the requirements of this Act;
(2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the States as required under [section 20302(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20302/a/4&num=0&edition=prelim);
(3) carry out [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim) with respect to the Federal write-in absentee ballot for absent uniformed services voters and overseas voters in general elections for Federal office;
(4) prescribe a suggested design for absentee ballot mailing envelopes;
(5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions;
(6) not later than the end of each year after a Presidential election year, transmit to the President and the Congress a report on the effectiveness of assistance under this chapter, including a statistical analysis of uniformed services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of State-Federal cooperation;
(7) prescribe a standard oath for use with any document under this chapter affir
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20301
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