Candidate vacancies in local office.

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  • (1) A vacancy that occurs in a candidacy for an elected office in a local political subdivision may be filled in accordance with the requirements of this section if:
    • (a) a nonpartisan primary election is held for the office;
    • (b) the vacancy occurs after the date of the primary election but before:
      • (i) for a county office, August 31; or
      • (ii) for all other offices, 65 days before the day of the applicable general election; and
    • (c) after the vacancy occurs, the number of remaining candidates for the office is less than or equal to the number of open positions to be filled for that office in the applicable general election.
  • (2) An election officer shall:
    • (a) fill a candidate vacancy described in Subsection (1) by certifying the next available candidate for the office for the general election ballot who received the highest number of votes in the primary election without receiving a sufficient number of votes to qualify for the general election ballot; and
    • (b) immediately notify the candidate described in Subsection (2)(a) that the candidate is certified for the general election ballot.




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