Section 1. Short title
This Act may be cited as the Special Election Timeliness Act or the SET Act.
(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:
(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.
(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.