(1) Except as otherwise provided in subsection (2) of this section or section 1-4-1010 (2), any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office and falling within the time periods governed by section 1-4-1002, 1-4-1003, 1-41004, or 1-4-1005 shall be filled at the next general election with nomination or designation by the political party as follows:
(a) (I) If the vacancy occurs before the political party assembly, the designated election official shall notify the chairperson of each major political party that the office will be on the ballot for the next primary election, and candidates for the office shall be designated as provided in section 1-4-601 or 1-4-603.
(II) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
(b) (I) If the vacancy occurs after the political party assembly and no later than sixtyeight days before the primary election, the designated election official shall add the office to the notice of election and notify the chairperson of each major political party that the office will be on the ballot for the next primary election. Candidates for the office shall be designated as provided in section 1-4-603 or by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district.
(II) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
If the vacancy occurs during the sixty-seven days before the primary election, or afterthe primary election and no later than sixty-eight days before the general election, the designated election official shall add the office to the notice of election for the general election and notify the chairperson of each major political party that the office will be on the ballot for the next general election. Nominations for the office shall be made by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district or as provided in section 1-4-802 for the nomination of unaffiliated candidates.
If the vacancy occurs sixty-eight days or fewer before a general election, that officemust be filled at the next general election.
(2) Any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office shall be filled at the next general election with nomination or designation by a minor political party pursuant to the constitution or bylaws of the minor political party.
Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, § 5, effective August 9.
Editor's note: Subection (1) is similar to former § 1-4-1002 (7) as it existed prior to 2017. Subsection (2) is similar to former § 1-4-1002 (7.5) as it existed prior to 2017.