Rep. Menefee Introduces the Special Election Timeliness (SET) Act

WASHINGTON, D.C. — Today, Rep. Christian D. Menefee (TX-18) introduced his first original bill in Congress, the Special Elections Timeliness Act, or the “SET Act.”

When a House seat goes vacant, the U.S. Constitution is clear: the governor must call a special election to fill it. What the Constitution does not say is how fast. That silence has become a loophole that governors may weaponize to leave communities without a voice in congress for prolonged periods. 

The Set Act closes that loophole. It sets a national 180-day deadline for states to complete special elections to fill vacant House seats. States with stricter laws on the books keep them. If a regularly scheduled general election falls within the 180-day window, that election satisfies the requirement.

Governors of both parties have faced accusations of deliberately stretching out vacancies in districts held by the opposing party, denying hundreds of thousands of constituents a vote on legislation that shapes their daily lives. The patchwork of state laws governing this process has made that manipulation easy. Some states have no deadline whatsoever. Others, including Texas, require only that a governor act as soon as “practicable,” a word flexible enough to mean almost anything a governor wants it to mean.

For the people of TX-18, it meant 334 days. After the passing of Congressman and former Houston Mayor Sylvester Turner in March 2025, the Houston-area district sat without a representative through debate and passage of President Trump’s so-called One Big Beautiful Bill, through the longest government shutdown in American history, and through hurricane season. A prolonged vacancy does not just mean an empty chair. For communities that are already underserved and underrepresented, it means losing the one person whose entire job is to fight for them in Washington.

The SET Act includes enforcement teeth. The U.S. Attorney General can go to court to compel a state to comply. Any person aggrieved by a violation, including the Speaker or Minority Leader of the House, can bring a civil action in federal court.

"For over 330 days, communities across the Houston area went without a voice in the House because our state's governor delayed calling a special election," said Rep. Menefee. "The SET Act is a commonsense reform, and it should be bipartisan. When a Member passes away or resigns, their communities should have its voice restored as soon as possible."

The SET Act is supported by multiple public officials who represent communities within TX-18.

“After the untimely passing of Congressman Sylvester Turner, Congressional District 18 remained vacant for nearly a year because the governor failed to act immediately and decisively call a special election. No community should be left without representation or shut out of having a voice in Congress due to a governor politicizing the process of filling congressional vacancies. I support Congressman Christian Menefee’s Special Election Timeliness Act, which would establish clear deadlines, as a necessary step to ensure constituents' voices are heard," said Texas State Senator Borris L. Miles, District 13.

“Governor Greg Abbott twisted Houstonians' constitutional right to representation into a partisan weapon, leaving Congressional District 18 without a voice for nearly a year. The Special Election Timeliness Act will make sure no governor, Republican or Democrat, can play politics with our representation ever again. I commend Congressman Menefee for bringing this critical bill forward. We shouldn't need a law to force elected officials to do the right thing, but this bill will protect our rights when we do, and help us create a fairer, stronger, and more just America," said Houston City Controller Chris Hollins.

"Congressional District 18 went more than 300 days without a voice in Washington, and that is unacceptable for the families I represent. No community should be left without representation because of political delay or inaction. This bill ensures accountability and guarantees that Texans get the leadership and advocacy they deserve, on time," said Texas State Rep. Lauren Ashley Simmons, District 146.

Click HERE to read the full bill text.