§ 7-11-105 — Special elections to be held on the second Tuesday of a month - Exceptions - Separate ballots

(a) (1) Except as provided in this chapter, all special elections to fill vacancies in office and associated special primary elections shall be held on the second Tuesday of: (A) March, May, August, or November in a year when a presidential election is held; and (B) February, May, August, or November of all other years. (2) Elections called by proclamation of the Governor may be called in any month. (b) A special election scheduled to occur in a month in which the second Tuesday of the month is a legal holiday shall be held on the third Tuesday of the month. (c) (1) Special elections held in months in which a preferential primary election or general election is scheduled to occur shall be held on the date of the preferential primary election or general election. (2) If a special election to fill a vacancy in office is held on the date of the preferential primary election, the names of the candidates in the special election shall be included on the ballot of each political party, and the portion of the ballot on which the special election appears shall be labeled with a heading stating "SPECIAL ELECTION FOR __________________" with the name of the office set out in the heading. (3) Separate ballots containing the names of the candidates to be voted on at the special election or nonpartisan election and any other measures or questions that may be presented for a vote shall be prepared and made available to voters requesting a separate ballot. (4) (A) A voter shall not be required to vote in a political party's preferential primary election in order to be able to vote in the special election. (B) (i) If the special election is held at the same time as the general election, the names of the candidates in the special election shall be included on the general election ballot, and the portion of the ballot on which the special election appears shall be labeled with a heading stating "SPECIAL ELECTION FOR __________________" with the name of the office set out in the heading. (ii) The county board of election commissioners may include the special election on a separate ballot if the special election is held at the same time as the general election and the county board of election commissioners determines that a separate ballot is necessary to avoid voter confusion. (d) A special election to fill a vacancy in office shall be held not less than seventy (70) days following the date established in the proclamation, ordinance, resolution, order, or other authorized document for drawing for a ballot position.

Legislative History

Amended by Act 2021, No. 610,§ 8, eff. 1/1/2022. Amended by Act 2017, No. 1088,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1110,§ 13, eff. 8/16/2013. Acts 2009, No. 1480, § 47; 2011, No. 1185, § 15.