Dates of special elections on measures and questions — Exceptions — Separate ballots

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  1. (a)

    1. (1)

      1. (A) Except as provided in subdivision (a)(1)(B) of this section, all special elections on measures or questions shall be held on the second Tuesday of any month, except special elections held under this section in a month in which a preferential primary election, general primary election, or general election is scheduled to occur, which shall be held on the date of the preferential primary election, general primary election, or general election.

      2. (B) Special elections scheduled to occur in a month in which the second Tuesday is a legal holiday shall be held on the third Tuesday of the month.

    2. (2)

      1. (A) If a special election is held on the date of the preferential primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party.

      2. (B) The portion of the ballot containing the special election shall be labeled with a heading stating “SPECIAL ELECTION ON ” with a brief description of the measure or question to be decided in the election.

    3. (3) Separate ballots containing the issue or issues to be voted on at the special election and candidates for nonpartisan judicial office shall be prepared and made available to voters requesting a separate ballot.

    4. (4) A voter shall not be required to vote in a political party's preferential primary in order to be able to vote in the special election.

  2. (b)

    1. (1) A special election shall be held not less than seventy (70) days following the date that the proclamation, ordinance, resolution, order, or other authorized document is filed with the county clerk when the special election is to be held on the date of the preferential primary election or general election.

    2. (2) If the special election is not held at the same time as a preferential primary election or general election, the special election shall be held not less than sixty (60) days following the date that the proclamation, ordinance, resolution, order, or other authorized document is filed with the county clerk.


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