SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ethical and Legal Elections for 
Congressional Transitions Act''.

SEC. 2. REQUIRING SPECIAL ELECTION IN CASE OF VACANCY IN OFFICE OF A 
              SENATOR.

    (a) Special Election.--
            (1) In general.--Except as provided in subsection (b), if 
        the President of the Senate issues a certification that a 
        vacancy exists in the office of a Senator, the chief executive 
        of the State represented by the Senator shall issue a writ of 
        election to fill the vacancy by special election.
            (2) Timing of election.--A special election under this 
        subsection shall be held not later than 90 days after the 
        President of the Senate issues the certification described in 
        paragraph (1).
            (3) Application of state laws.--A special election under 
        this subsection shall be held in accordance with applicable 
        State law governing special elections in the State.
    (b) Exception for Vacancies Occurring Near Date of Regularly 
Scheduled Election.--Subsection (a) shall not apply in the case of a 
vacancy in the office of a Senator if the President of the Senate 
issues the certification described in such subsection--
            (1) during the 90-day period which ends on the date a 
        regularly scheduled general election for the office is to be 
        held; or
            (2) during the period which begins on the date of a 
        regularly scheduled general election for the office and ends on 
        the first day of the first session of the next Congress which 
        begins after the date of such election.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of a State under the Constitution of 
the United States to authorize the chief executive of the State to make 
a temporary appointment to fill a vacancy in the office of Senator 
until a special election is held for the office, or to affect the 
authority of an individual who is appointed to fill such a vacancy 
until an individual is elected to the office in the special election.

SEC. 3. REIMBURSEMENT OF PORTION OF COSTS INCURRED BY STATE IN HOLDING 
              SPECIAL ELECTION.

    (a) Payments To Reimburse States for Portion of Special Election 
Costs.--Subtitle D of title II of the Help America Vote Act of 2002 (42 
U.S.C. 15401 et seq.) is amended by adding at the end the following new 
part:

 ``PART 7--PAYMENTS TO REIMBURSE PORTION OF COSTS INCURRED IN HOLDING 
               SPECIAL ELECTIONS TO FILL SENATE VACANCIES

``SEC. 297. PAYMENTS TO STATES TO REIMBURSE PORTION OF COSTS INCURRED 
              IN HOLDING SPECIAL ELECTIONS TO FILL SENATE VACANCIES.

    ``(a) Payments Authorized.--In accordance with the procedures and 
requirements of this section, the Commission shall make a payment to 
each eligible State to cover a portion of the costs incurred by the 
State in holding a special election required under the Ethical and 
Legal Elections for Congressional Transitions Act to fill a vacancy in 
the office of a Senator representing the State.
    ``(b) Eligibility.--A State is eligible to receive a payment under 
this part if it submits to the Commission, at such time and in such 
form as the Commission may require, a statement containing--
            ``(1) a notice of the reasonable costs incurred or the 
        reasonable costs anticipated to be incurred by the State in 
        holding the special election described in subsection (a), 
        including the costs of any primary election held for purposes 
        of determining the candidates in the special election; and
            ``(2) such other information and assurances as the 
        Commission may require.
    ``(c) Amount of Payment.--The amount of a payment made to a State 
under this section shall be equal to 50 percent of the reasonable costs 
incurred or the reasonable costs anticipated to be incurred by the 
State in holding the special election described in subsection (a), as 
set forth in the statement submitted under subsection (b).
    ``(d) Timing of Payments.--The Commission shall make the payment 
required under this section to a State not later than 30 days after 
receiving the statement submitted by the State under subsection (b).
    ``(e) Recoupment of Overpayments.--No payment may be made to a 
State under this section unless the State agrees to repay to the 
Commission the excess (if any) of--
            ``(1) the amount of the payment received by the State under 
        this section with respect to the election involved; over
            ``(2) the actual costs incurred by the State in holding the 
        election involved.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Commission such 
sums as may be necessary for fiscal year 2009 and each succeeding 
fiscal year for payments under this part.''.
    (b) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by adding at the end of the items relating 
to subtitle D of title II the following:

 ``Part 7--Payments To Reimburse Portion of Costs Incurred in Holding 
               Special Elections To Fill Senate Vacancies

``Sec. 297. Payments to States to reimburse portion of costs incurred 
                            in holding special elections to fill Senate 
                            vacancies.
``Sec. 297A. Authorization of appropriations.''.
Ethical and Legal Elections for Congressional Transitions Act - Requires states to hold special elections when a vacancy occurs in the office of U.S. Senator for the state.

Amends the Help America Vote Act of 2002 to reimburse the states for a portion of special election costs.
To require States to hold special elections in the event of a vacancy in the office of a Senator representing the State, and for other purposes.