§ 7-10-102 — Nonpartisan election of judges, justices, and prosecuting attorneys

(a) The offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, and prosecuting attorney are nonpartisan offices. (b) (1) The general elections for nonpartisan offices shall be held on the same date and at the same times and places as provided by law for preferential primary elections. (2) (A) The names of nonpartisan candidates shall be: (i) Included on the ballots of the political parties; and (ii) Designated as nonpartisan candidates. (B) Separate ballots containing the names of nonpartisan candidates shall be: (i) Prepared; and (ii) Made available to voters requesting a separate ballot. (3) A voter shall not be required to vote in a political party's preferential primary to be able to vote in a nonpartisan election. (c) (1) A person shall not be elected to the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney unless the person receives a majority of the votes cast at the election for the office. (2) In a nonpartisan election in which no person receives a majority of the votes cast, the two (2) candidates receiving the highest and next highest number of votes shall be certified to a runoff election, which shall be held on the same date and at the same times and places as the November general election. (3) The names of the candidates in a nonpartisan runoff election shall be placed on the same ballots as used for the November general elections.

Legislative History

Amended by Act 2013, No. 1110,§ 11, eff. 8/16/2013. Acts 2001, No. 1789, § 2; 2007, No. 1020, § 20; 2009, No. 959, § 44.