54.7 Meeting — certificate.
1. The presidential electors and alternate electors shall meet in the capitol, at the seat of government, on the first Monday after the second Wednesday in December next following their election.
2. If, at the time of such meeting, any elector for any cause is absent, the state commissioner shall appoint an individual to substitute for the elector as follows:
a. If the alternate elector is present to vote, by appointing the alternate elector for the vacant position.
b. If the alternate elector is not present to vote, by appointing an elector chosen by lot from among the other alternate electors present to vote who were nominated by the same political party or group of petitioners.
c. If the number of alternate electors present to vote is insufficient to fill a vacant position pursuant to paragraphs “a” and “b”, by appointing any immediately available citizen of the state who is qualified to serve as an elector and chosen through nomination by a plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains.
d. If there is a tie between at least two nominees to substitute as an elector in a vote conducted under paragraph “c”, by appointing an elector chosen by lot from among those nominees.
e. If all elector positions are vacant and cannot be filled through the processes set forth in paragraphs “a”, “b”, “c”, and “d”, by appointing a single presidential elector with remaining vacant positions filled pursuant to the method set forth in paragraph “c” and, if necessary, paragraph “d”.
3. To qualify to substitute for an elector under subsection 2, an individual who has not executed the pledge required for elector nominees and alternate elector nominees under section 54.5 shall execute the following pledge:
I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual whose elector position I have succeeded.
[C51, §308 – 310; R60, §542 – 544; C73, §665 – 667; C97, §1174; C24, 27, 31, 35, 39, §969; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §54.7]
2020 Acts, ch 1098, §7
Referred to in §54.8
Section amended