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Senate Bill No. 527
(By Senator Palumbo, Cann and McCabe)
____________
[Introduced March 14, 2013; referred to the Committee on the
Judiciary .]
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A BILL to repeal §3-10-4a of the Code of West Virginia, 1931, as
amended; and to amend and reenact §3-10-1, §3-10-2, §3-10-3,
§3-10-4, §3-10-5, §3-10-6, §3-10-7 and §3-10-8 of said code,
all relating to filling vacancies in elected offices; defining
terms; setting procedures for appointing persons to fill
certain vacancies; listing time periods and certain offices
where elections must be held to fill certain vacancies;
setting special requirements for filling vacancies in certain
offices; setting procedures for certain special elections;
creating method for filling certain vacancies without a
primary election; setting requirements for special filing
periods, where necessary; requiring certain notice be given
regarding elections to fill vacancies; providing for payment
of costs if a new election is necessary; allowing nomination
of certain persons without party affiliation; allowing emergency orders by the Secretary of State in certain
circumstances; removing and repealing certain language
relating to previous elections; clarifying method used to fill
vacancies in the Office of Governor; adjusting method to fill
vacancies in certain statewide, legislative and judicial
offices such that the timing for all are consistent; requiring
most elections to fill vacancies be held in conjunction with
regularly scheduled elections; clarifying method used to fill
vacancies in certain county offices; permitting vacancies in
certain county offices to be filled by temporary replacements
for no more than thirty days; and updating language regarding
filling vacancies in elected offices.
Be it enacted by the Legislature of West Virginia:
That §3-10-4a of the Code of West Virginia, 1931, as amended,
be repealed; and that §3-10-1, §3-10-2, §3-10-3, §3-10-4, §3-10-5,
§3-10-6, §3-10-7 and §3-10-8 of said code be amended and reenacted,
all to read as follows:
ARTICLE 10. FILLING VACANCIES.
§3-10-1. Elections to fill vacancies.
(a) When a vacancy occurs in an elected office of the state or
county, it shall be filled according to the processes set forth in
this article. As used in this article, unless otherwise indicated
by the context:
____(1) "General cutoff date" means the eighty-fourth day before the general election that immediately precedes the general election
where the office would be on the ballot for election if there were
not a vacancy; and
____(2) "Primary cutoff date" means the eighty-fourth day before
the primary election that immediately precedes the general cutoff
date.
____(b) When a vacancy is filled by an appointment, as required
by this article for certain offices, the term that the appointee
holds the office shall depend on when the vacancy occurs. If the
vacancy occurs after the general cutoff date, then that appointee
shall hold the office until the end of the term of office. If the
vacancy occurs on or before the general cutoff date, then the
office shall be filled at the following general election pursuant
to this article and the appointee shall hold the office until a
qualified replacement is elected and certified at that general
election. The elected replacement shall hold the office until the
end of the original term of office.
____Except as provided in sections three and four of this article,
elections to fill vacancies shall be conducted to fill any
unexpired term when more than one year of the term of office
remains at the time of such election. When less than one year of
the term of office remains at the time of the election, the person
appointed to fill the vacancy shall continue in office until the
completion of the term.
(c) If an election is needed to fill the vacancy, the election
shall proceed depending on when the vacancy occurs and in which
office it occurs.
Elections to fill vacancies shall be held at the
same places, and superintended, conducted and returned, and the
result ascertained, certified and declared, in the same manner, and
by the same officers, as in general elections,
unless otherwise
stated in this article
.
(1) For a vacancy in the office of Governor, the times for the
special elections contained in section two of this article shall
control. All aspects of this section, where not in conflict with
section two of this article shall also be followed. If a regularly
scheduled primary or general election fits within the times for the
special elections contained in section two of this article, the
special elections shall be conducted in conjunction with the
regularly scheduled election or elections. The proclamation
entered pursuant to section two of this article by the person
acting as Governor, shall include the dates for the special
candidate filing period, if necessary, and shall follow the
requirements set forth in this section.
____(2) For a vacancy in the office of United States House of
Representative, the times for the special election contained in
section four of this article shall control. If a regularly
scheduled primary or general election fits within the times for the
special election contained in section four of this article, the special election shall be conducted in conjunction with the
regularly scheduled election. The proclamation entered pursuant to
section four of this article by the Governor, shall include the
dates for the special candidate filing period, if necessary, and
shall follow the requirements set forth in this section.
____(3) For all other offices:
____(A) If the vacancy occurs before the primary cutoff date, the
Governor, or other person granted authority by this article, shall
issue a proclamation stating that the office will appear on the
next regular primary and general election, in order to fill the
vacancy. If the candidate filing period for the primary has closed
or has less than one week remaining, the proclamation shall provide
for a special primary candidate filing period.
____(B) If there are less than eighty-four days between the
vacancy and the next regular primary and more than eighty-four days
between the vacancy and the next regular general election, then the
proclamation shall state that the office will appear on the regular
general election in the same manner as required by subdivision (5)
of this subsection and the other relevant portions of this article.
____(C) If there are less than eighty-four days between the
vacancy and the next regular general election, then the
proclamation shall state that the office will appear on the
following regular primary and general elections.
____(4) If the vacancy occurs during the window after the primary cutoff date, but before the general cutoff date, for any county
office, the process in section six of this article shall be
followed.
____(5) If the vacancy occurs during the window after the primary
cutoff date, but before the general cutoff date, for any elected
office other than those addressed in subdivisions (1), (2) and (4)
of this subsection, the Governor shall issue a proclamation stating
that the office will appear on the next regular general election,
in order to fill the vacancy. The proclamation shall include a
special filing period to allow all candidates to file for office
listing their preferred political party or no political party.
Notwithstanding any provisions of this chapter regarding order of
offices on the ballot to the contrary, no primary election will be
held and all candidates will appear on the general election ballot
with their preferred political party listed and a clear indication
that none of the individuals were successful in a primary election
and, therefore, any straight-ticket voting would not cast a vote
for that office.
____(d) (1) If a special candidate filing period is necessary, it
shall begin no sooner than the day after the proclamation and shall
close no earlier than close of business on the fourteenth day
following the proclamation. A notarized declaration of candidacy
and filing fee provided by section seven, article five of this
chapter, shall be filed either in person, by United States mail, electronic means or any other means authorized by the Secretary of
State
and received by the appropriate office before the close of
the filing period. For petition in lieu of payment of filing fees,
a candidate seeking nomination for the vacancy may utilize the
process set forth in section eight-a, article five of this chapter:
Provided, That the minimum number of signatures required is
equivalent to one qualified signature per one whole dollar of the
filing fee for that office.
____(2) If a primary election is required by the provisions of
this article:
____(A) For all state-wide, multicounty and legislative elections,
drawing for the primary election ballot position will take place at
the Secretary of State's office twenty-four hours after the end of
the filing period. For each major political party on the ballot, a
single drawing by lot shall determine the candidate ballot position
for ballots statewide. This drawing shall be witnessed by four
clerks of the county commission chosen by the West Virginia
Association of County Clerks, with no more than two clerks
representing a single political party.
____(B) For county elections, drawing for the primary election
ballot position will take place at the County Clerk's office
twenty-four hours after the end of the filing period. For each
major political party on the ballot, a single drawing by lot shall
determine the candidate ballot position for ballots statewide. This drawing shall be witnessed by the chairperson of the county
democratic and republican executive committees or their designee,
and the president of the county commission or his or her designee.
____(3) If a general election without a primary is required by the
provisions of this article, drawing for election ballot position
will take place at the Secretary of State's office twenty-four
hours after the end of the filing period. A single drawing by lot
shall determine the candidate ballot position for ballots statewide
without any consideration going to the party preference named by
each candidate. This drawing shall be witnessed by four clerks of
the county commission chosen by the West Virginia Association of
County Clerks, with no more than two clerks representing a single
political party. If a general election without a primary occurs in
conjunction with the regularly scheduled primary election or
regularly scheduled general election, the general election without
a primary shall be listed along with the nonpartisan portion of
each ballot in the order of offices provided for regular ballots in
this chapter.
____(4) Ballot position for a general election required by this
article shall be determined pursuant to subdivision (3), subsection
(c), section two, article six of this chapter. If a general
election required by this article occurs in conjunction with a
regularly scheduled primary election, the general election shall be
listed along with the nonpartisan portion of each ballot in the order of offices provided for regular ballots in this chapter.
____(e) When an election is required to fill a vacancy, the date
of the election and offices to be elected, as well as any other
information required in the proclamation, shall be published prior
to such election as a Class I-O legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such publication shall be each
county of the state that is eligible to vote in the election for
those offices.
____(f) If an election is required by this article, the Secretary
of State may issue emergency administrative orders to undertake
other ministerial actions that are otherwise authorized pursuant to
this code when necessary to assure the preservation of the voting
rights of the citizens of this state and avoid fraudulent voting
and election activities and otherwise assure the orderly and
efficient conduct of the new election provided in this subsection:
Provided, That emergency administrative orders may not contravene
the provisions of this article.
____(g) If an election is required by this article and it cannot
be held in conjunction with the regular election dates, then
the
compensation of election officers, cost of printing ballots and all
other reasonable and necessary expenses in holding and making the
return of the new election to fill a vacancy are obligations of the
state incurred by the ballot commissioners, clerks of the county commissions and county commissions of the various counties as
agents of the state. All expenses of the new election are to be
audited by the Secretary of State. The Secretary of State shall
prepare and transmit to the county commissions forms on which the
county commissions shall certify all expenses of the new election
to the Secretary of State. If satisfied that the expenses as
certified by the county commissions are reasonable and were
necessarily incurred, the Secretary of State shall requisition the
necessary warrants from the Auditor of the state to be drawn on the
State Treasurer and shall mail the warrants directly to the vendors
of the new election services, supplies and facilities.
____(h) Citizens having no party organization or affiliation may
nominate candidates as provided by sections twenty-three and
twenty-four of article five of this chapter: Provided, That if a
special general election is required, then the number of signatures
required to be submitted shall be one-quarter of the requirement
stated in section twenty-three, article five of this chapter; and
the signatures, notarized declaration of candidacy, and filing fee
must be submitted no later than seven calendar days following the
special primary election.
____(i) The persons elected, having first duly qualified, shall
enter upon the duties of their respective offices.
The elected
replacement shall hold the office until the end of the original term of office.
§3-10-2. Vacancy in office of Governor.
(a) In case of the death, conviction on impeachment, failure
to qualify, resignation or other disability of the Governor, the
President of the Senate shall act as Governor until the vacancy is
filled or the disability removed; and if the President of the
Senate, for any of the above-named causes, shall be or become
incapable of performing the duties of Governor, the same shall
devolve upon the Speaker of the House of Delegates; and in all
other cases where there is no one to act as Governor, one shall be
chosen by the joint vote of the Legislature. Whenever a vacancy
shall occur in the office of Governor before the first three years
of the term shall have expired, a new election for Governor shall
take place to fill the vacancy.
(b) The new election shall consist of a special primary
election and a special general election, and shall occur at such
time as will permit the person elected as Governor in the new
election to assume office within one year of the date the vacancy
occurred: Provided, That the special general election provided in
this section may not apply to section eight, article one of this
chapter. Within thirty days from the date the vacancy occurs, the
person acting as Governor pursuant to the state Constitution shall
issue a proclamation fixing the time for a new statewide election
to fill the vacancy in the office of Governor. , which shall be published prior to such election as a Class II-O legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for such
publication shall be each county of the state. The proclamation
issued by the person acting as Governor pursuant to the state
Constitution shall provide for a special primary election to
nominate candidates for the special general election. The special
primary election to fill a vacancy in the office of Governor
shall
take place no less than ninety days after the proclamation and no
later than one hundred forty days from the date that the vacancy in
the office occurs. The proclamation issued by the person acting as
Governor pursuant to the state Constitution shall also provide for
a special general election to take place no sooner than ninety days
after the special primary election and no later than two hundred
eighty days from the date that the vacancy in the office occurs.
(c) The election shall follow the requirements of section one
of this article that are not in conflict with this section.
____(b) The compensation of election officers, cost of printing
ballots and all other reasonable and necessary expenses in holding
and making the return of the new election provided in this section
to fill a vacancy in the office of Governor are obligations of the
state incurred by the ballot commissioners, clerks of the county
commissions and county commissions of the various counties as
agents of the state. All expenses of the new election are to be audited by the Secretary of State. The Secretary of State shall
prepare and transmit to the county commissions forms on which the
county commissions shall certify all expenses of the new election
provided in this section to the Secretary of State. If satisfied
that the expenses as certified by the county commissions are
reasonable and were necessarily incurred, the Secretary of State
shall requisition the necessary warrants from the Auditor of the
state to be drawn on the State Treasurer and shall mail the
warrants directly to the vendors of the new election services,
supplies and facilities.
(c) Notwithstanding the provisions of subsection (a) of this
section to the contrary, for purposes of filling the vacancy that
occurred in the office of Governor on November 15, 2010, a new
election shall occur as follows:
(1) Upon the effective date of this subsection, the person
acting as Governor pursuant to the state Constitution shall
immediately issue a proclamation calling for a special primary and
general election as provided for in this subsection. For purposes
of this subsection, the new elections so provided in the
proclamation mean the special primary and general elections as set
forth in this subsection.
(2) The special primary election shall be held on May 14, 2011
and the special general election shall be held on October 4, 2011.
(3) The proclamation for the special primary election and special general election shall be published prior to the special
primary election and special general elections, respectively, as a
Class II-0 legal advertisement in accordance with article three,
chapter fifty-nine of this code and the publication area for the
publication is each county of the state. The notice shall be filed
with the Secretary of State who shall cause the document to be
published within each county in accordance with this section.
(4) The provisions of this chapter apply to the special primary
election and special general election to the extent that those
provisions are consistent with the provisions of this section.
Statutory time deadlines for the purpose of the new election
provided in this subsection are modified as follows:
(A) A notarized declaration of candidacy and filing fee shall
be filed and received in hand by the Secretary of State by 5:00 p.m.
on the fifth calendar day following the proclamation of the special
primary election. The declaration of candidacy may be filed in
person, by United States mail, electronic means or any other means
authorized by the Secretary of State;
(B) The Secretary of State may issue emergency administrative
orders to undertake other ministerial actions that are otherwise
authorized pursuant to this code when necessary to assure the
preservation of the voting rights of the citizens of this state and
avoid fraudulent voting and election activities and otherwise assure
the orderly and efficient conduct of the new election provided in this subsection: Provided, That emergency administrative orders may
not contravene the provisions of this section;
(C) For petition in lieu of payment of filing fees, a candidate
seeking nomination for the vacancy in the office of Governor may
utilize the process set forth in section eight-a, article five of
this chapter: Provided, That the minimum number of signatures
required is one thousand five hundred;
(D) Drawing for special primary election ballot position will
take place at the Secretary of State's office twenty-four hours
after the end of the filing period. For each major political party
on the ballot, a single drawing by lot shall determine the candidate
ballot position for ballots statewide. This drawing shall be
witnessed by four clerks of the county commission chosen by the West
Virginia Association of County Clerks, with no more than two clerks
representing a single political party. Ballot position for the
special general election shall be determined pursuant to subdivision
(3), subsection (c), section two, article six of this chapter;
(E) A registered voter who has not reached eighteen years of
age may vote in the May 14, 2011 special primary election:
Provided, That the voter will attain eighteen years of age at the
time of the special general election provided in this subsection;
(F) When paper or optical scan ballots are the primary voting
method used at any county, the total number of regular official
ballots printed shall equal at a minimum fifty percent of the number of registered voters eligible to vote that ballot;
(G) When paper ballots are used in conjunction with a direct
recording electronic voting system, the total number of regular
official ballots printed shall equal at a minimum thirty percent of
the registered voters eligible to vote that ballot;
(H) Regularly scheduled locations of polling places may not be
changed, except for situations as provided in sections seven-e and
seven-f, article one of this chapter: Provided, That if multiple
precincts voted in one polling location for the November 2, 2010,
regularly scheduled general election, these precincts may be
consolidated into a single precinct. Locations for consolidated
precincts shall provide Internet access, insofar as possible, for
the sole purpose of utilizing the statewide Voter Registration
System (SVRS) as an electronic poll book. However, Constitutionally
mandated redistricting may not take effect until the special primary
election and special general election provided in this subsection
are complete; and
(I) Citizens having no party organization or affiliation may
nominate candidates as provided by sections twenty-three and twenty-
four of article five of this chapter: Provided, That the number of
signatures required to be submitted shall be equal to not less than
one-quarter of one percent of the entire vote cast at the last
preceding general election for Governor. Notwithstanding the
provisions of sections twenty three and twenty four of article five of this chapter, the signatures, notarized declaration of candidacy,
and filing fee must be submitted no later than seven calendar days
following the special primary election provided in this subsection.
(J) For the special primary election to be held pursuant to
this subsection, early voting will also be conducted from 9 a.m. to
5 p.m. on the Saturday immediately prior to the end of early voting.
(5) The provisions of this subsection shall expire upon the
election and qualification of the Governor following the October 4,
2011 special general election.
(d) The Secretary of State shall by January 10, 2012 report to
the Joint Committee on Government and Finance findings regarding of
the operation of the new election undertaken pursuant to subsection
(c) of this section. This report shall provide analysis of the
direct and indirect costs to the state associated with the conduct
of the new election.
§3-10-3. Vacancies in offices of state officials, United States
senators and judges.
Any vacancy occurring in the office of Secretary of State,
Auditor, Treasurer, Attorney General, Commissioner of Agriculture,
United States Senator, judge justice of the Supreme Court of Appeals
or in any office created or made elective to be filled by the voters
of the entire state, judge of a circuit court or judge of a family
court is filled by the Governor of the state by appointment and
subsequent election to fill the remainder of the term, if required by section one of this article. If the unexpired term of a judge
of the Supreme Court of Appeals, a judge of the circuit court or
judge of a family court is for less than two years or if the
unexpired term of any other office named in this section is for a
period of less than two years and six months, the appointment to
fill the vacancy is for the unexpired term. If the unexpired term
of any office is for a longer period than above specified, the
appointment is until a successor to the office has timely filed a
certificate of candidacy, has been nominated at the primary election
next following such timely filing and has thereafter been elected
and qualified to fill the unexpired term. Proclamation of any
election to fill an unexpired term is made by the Governor of the
state and, in the case of an office to be filled by the voters of
the entire state, must be published prior to the election as a Class
II-0 legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code and the publication
area for the publication is each county of the state. If the
election is to fill a vacancy in the office of judge of a circuit
court or judge of a family court, the proclamation must be published
prior to the election as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code and the publication area for such publication is each
county in the judicial or family court circuit.
§3-10-4. Vacancies in representation in Congress.
If there be is a vacancy in the representation from this state
in the House of Representatives in the Congress of the United
States, the Governor shall, within ten days after the fact comes to
his or her knowledge,
issue a proclamation
give notice thereof by
proclamation, to be published prior to such election as a Class II-O
legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area for
such publication shall be each county in the congressional district.
In such proclamation he the Governor shall appoint some day,
setting
a date for a special election that is
not less than thirty
eighty-
four
nor more than seventy-five
one hundred twenty
days from the
date thereof, for holding the election to fill such vacancy.
of the
vacancy: Provided, That no such proclamation may be made nor may
a special election be held if the vacancy occurs less than eighty-
four days prior to the regularly scheduled general election for a
new full term of the office.
The proclamation shall include a
special filing period to allow all candidates to file for office
listing their preferred political party or no political party. No
primary election may be held and all candidates shall appear on the
general election with their preferred political party listed and a
clear indication that none of the individuals were successful in a
primary election and, therefore, any straight-ticket voting would
not cast a vote for that office.
The election shall follow the
requirements of section one of this article that are not in conflict with this section.
Nominations to fill such vacancy shall be made
in the manner prescribed for nominating a candidate to fill a
vacancy in the office of Governor, to be voted for at a special
election. The congressional district executive committee of a party
shall perform the duties devolving upon the state executive
committee in filling a state office.
§3-10-5. Vacancies in State Legislature.
(a) Any vacancy in the office of State Senator or member of the
House of Delegates shall be filled by appointment by the Governor,
from a list of three legally qualified persons submitted by the
party executive committee of the party with which the person holding
the office immediately preceding the vacancy was affiliated. Such
The list of qualified persons to fill the vacancy shall be submitted
to the Governor within fifteen days after the vacancy occurs and the
Governor shall duly make his or her appointment to fill the vacancy
from the list of legally qualified person within five days after the
list is received. If the list is not submitted to the Governor
within the fifteen day period, the Governor shall appoint within
five days thereafter a legally qualified person of the same
political party as the person vacating the office.
(b) In the case of a member of the House of Delegates, the list
shall be submitted by the party executive committee of the delegate
district in which the vacating member resided at the time of his or
her election or appointment. The appointment to fill a vacancy in the House of Delegates is for the unexpired term.
(c) In the case of a State Senator, the list shall be submitted
by the party executive committee of the state senatorial district
in which the vacating senator resided at the time of his or her
election or appointment. The appointment to fill a vacancy in the
State Senate is for the unexpired term, unless section one of this
article requires a subsequent election to fill the remainder of the
term, which shall follow the procedure set forth in section one of
this article. If the unexpired term in the office of the state
Senator will be for less than two years and two months, the
appointment is for the unexpired term. If the unexpired term will
be for a period equal to or longer than two years and two months,
the appointment is until the next general election and until the
election and qualification of a successor to the person appointed,
at which general election the vacancy shall be filled by election
for the unexpired term. Notice of an election to fill a vacancy in
the office of State Senator shall be given by the Governor by
proclamation and shall be published before the election as a Class
II-0 legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, and the publication
area for the publication shall be each county in the senatorial
district. Nominations for candidates to fill a vacancy shall be
made in the manner prescribed for nominating a candidate to fill a
vacancy in the office of Governor to be voted for at a general election. The state senatorial district executive committee of the
political party shall discharge the duties incident to State Senator
nominations devolving upon the party state executive committee in
nominating a candidate for a state office.
§3-10-6. Vacancy in office of circuit court clerk.
(a) When a vacancy occurs in the office of clerk of the circuit
court, the circuit court by a majority vote of the judges, or the
chief judge thereof in vacation, shall fill the same within thirty
days of the vacancy by appointment of a person of the same political
party as the officeholder vacating the office until the next general
election, or until the completion of the term if the term ends on
December 31, following the next general election. The person so
appointed shall hold office until his or her successor is elected
and qualified. At the general election, a clerk shall be elected
for the unexpired term if the unexpired term is greater than one
year for the period required by section one of this article.
(b) Notwithstanding any code provision to the contrary, the
chief judge may appoint a temporary successor to the office of clerk
of the circuit court until the requirements of this section have
been met. The temporary successor may serve no more than thirty days
from the date of the vacancy.
____(c) If an election is necessary, the The circuit court, or the
chief judge thereof in vacation, shall cause a notice of the
election to be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code. The publication area for the
publication shall be the county is responsible for the proper
proclamation, by order and notice required by section one of this
article.
(d) Section one of this article shall be followed with respect
to any election needed to fill a vacancy, except that if If the
vacancy occurs no later than the eighty-fourth day before the
primary election held to nominate candidates to be voted for at the
general election, at which any vacancy is to be filled, candidates
to fill the vacancy shall be nominated at the primary election in
accordance with the time requirements and the provisions and
procedures prescribed in section eleven, article five of this
chapter. If the vacancy occurs after the eighty-fourth day before
the primary cutoff date but not later than the eighty-fourth day
before the general election, they general cutoff date, candidates
to fill the vacancy shall be nominated by the county executive
committee in the manner provided in section nineteen, article five
of this chapter, as in the case of filling vacancies in nominations,
and the names of the persons, so nominated and certified to the
clerk of the county commission of the county, shall be placed upon
the ballot to be voted at the next general election.
§3-10-7. Vacancies in offices of county commissioner and clerk of
county commission.
(a) Any vacancy in the office of county commissioner or clerk
of county commission shall be filled by the county commission of the
county, unless the number of vacancies in a county commission
deprive that body of a quorum, in which case the Governor of the
state shall fill any vacancy in the county commission necessary to
create a quorum thereof. Persons appointed shall be of the same
political party as the officeholder vacating the office for the
period stated by section one of this article. and shall continue in
office until the next general election is certified, or until the
completion of the term if the term ends on December 31, following
the next general election: Provided, That in the event If a quorum
of the county commission cannot agree upon a person to fill a
vacancy in the office of county commissioner within thirty days of
the date the vacancy first occurred, the county executive committee
of the vacating county commissioner's political party shall select
and name a person to fill the vacancy from the membership of the
vacating county commissioner's political party.
(b) Notwithstanding any code provision to the contrary, a
county commission may appoint a temporary successor to the office
of clerk of the county commission until the requirements of this
section have been met. The temporary successor may serve no more
than thirty days from the date of the vacancy.
____(c) If an election is necessary under section one of this
article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by
order, and notice required by section one of this article.
____Notice of the election shall be given by order of the county
commission and published as prescribed in section six of this
article.
(d) Section one of this article shall be followed with respect
to any election needed to fill a vacancy, except that if the vacancy
occurs after the primary cutoff date but not later than the general
cutoff date, candidates to fill the vacancy shall be nominated by
the county executive committee in the manner provided in section
nineteen, article five of this chapter, as in the case of filling
vacancies in nominations, and the names of the persons, so nominated
and certified to the clerk of the county commission of the county,
shall be placed upon the ballot to be voted at the next general
election. Nomination of candidates to fill the office for an
unexpired term in the office of county commissioner or clerk of the
county commission shall be made in the manner prescribed for making
nominations to fill a vacancy in the office of the clerk of the
circuit court.
(e) In the event that If the election for an unexpired term is
held at the same time as the election for a full term for county
commissioner, the full term shall be counted first and the unexpired
term shall be counted second. If the candidate with the highest
number of votes for the unexpired term resides in the same magisterial district as the candidate with the highest number of
votes for the full term, the candidate for the full term shall be
seated. The candidate with the next highest number of votes for the
unexpired term residing in a different magisterial district shall
be seated for the unexpired term.
§3-10-8. Vacancies in offices of prosecuting attorney, sheriff,
assessor and surveyor.
(a) Any vacancy occurring in the office of prosecuting
attorney, sheriff, assessor or county surveyor shall be filled by
the county commission within thirty days of the vacancy by
appointment of a person of the same political party as the
officeholder vacating the office. The appointed person shall hold
the office until the next general election is certified, or until
the completion of the term if the term ends on December 31,
following the next general election for the period stated by section
one of this article. Notice of an election to fill a vacancy in any
of the offices named in this section shall be given by the county
commission, or by the president thereof in vacation, and published
or posted in the manner prescribed in section six of this article.
Nomination of candidates to fill any vacancy shall be made in the
manner prescribed in section six of this article for nominating
candidates to fill a vacancy in the office of the clerk of the
circuit court.
(b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office
of prosecuting attorney, sheriff, assessor or county surveyor until
the requirements of this section have been met. The temporary
successor may serve no more than thirty days from the date of the
vacancy.
____(c) If an election is necessary under section one of this
article, the county commission, or the president thereof in
vacation, shall be responsible for the proper proclamation, by
order, and notice required by section one of this article.
____(d) Section one of this article shall be followed with respect
to any election needed to fill a vacancy, except that if the vacancy
occurs after the primary cutoff date but not later than the general
cutoff date, candidates to fill the vacancy shall be nominated by
the county executive committee in the manner provided in section
nineteen, article five of this chapter, as in the case of filling
vacancies in nominations, and the names of the persons, so nominated
and certified to the clerk of the county commission of the county,
shall be placed upon the ballot to be voted at the next general
election.
NOTE: The purpose of this bill is to update the process by
which vacancies in elected office are filled. It sets procedures
for appointing persons to fill certain vacancies and lists time
periods and certain offices where elections must be held to fill
certain vacancies. The bill sets special requirements for filling
vacancies in certain offices and sets procedures for certain special
elections. It creates a method for filling certain vacancies without a primary election and sets requirements for special filing
periods, where necessary. It requires certain notice be given
regarding elections to fill vacancies and provides for payment of
costs if a new election is necessary. The bill allows nomination
of certain persons without party affiliation and allows emergency
orders by the Secretary of State in certain circumstances. The bill
removes and repeals certain language relating to previous elections,
clarifying the method used to fill vacancies in the office of
Governor. It adjusts the method to fill vacancies in certain
statewide, legislative and judicial offices so that the timing for
all are consistent. The bill requires most elections to fill
vacancies be held in conjunction with regularly scheduled elections.
It clarifies the method used to fill vacancies in certain county
offices; permits vacancies in certain county offices to be filled
by temporary replacements for no more than thirty days; and updates
language regarding filling vacancies in elected offices.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.