§ 7-7-104 — Vacancy in nomination - Alternative methods for filling - Tie vote

(a) Except as provided in subsection (b) of this section, nominees of a political party to fill a vacancy in nomination, as defined in § 7-1-101 , shall be declared by: (1) Certificate of the chair and secretary of any convention of delegates held following receipt of the Governor's letter certifying vacancy; or (2) (A) A special primary election called, held, and conducted in accordance with the rules of the party. (B) A special primary election may be called only if the special primary election can be called, held, conducted, and certified and certificates of nomination filed at least seventy (70) days before the general election. (b) (1) In case of a tie vote for the same office at a general primary election, a vacancy in nomination for that office shall exist. (2) (A) Nominees of a political party to fill a vacancy in nomination resulting from a tie vote for the same office at a general primary election shall be declared by certificate of the chair and secretary of an appropriate convention of delegates held following receipt of the Governor's letter certifying a vacancy. (B) A convention of delegates shall be conducted in accordance with the rules of the party. (c) (1) When a vacancy in nomination occurs as a result of death or when the person who received the majority of votes cast at the preferential primary election or the general primary election notifies the state committee of the political party of his or her intent to refuse nomination due to serious illness, moving out of the area from which elected as the party's nominee, or filing for another office, the state committee of the political party shall notify the Governor within ten (10) calendar days after the date of death or the date the party was notified of intent to refuse nomination as to whether the party chooses to fill the vacancy in nomination at a special election or a convention. (2) If the party fails to notify the Governor within the ten-calendar-day period, the vacancy in nomination shall not be filled nor shall the vacancy in nomination be filled if it occurred for any reason other than death, serious illness, the candidate's moving out of the area from which elected as the party's nominee, or filing for another office. (d) (1) If the party notifies the Governor within the time prescribed in subsection (c) of this section of the desire to have a special primary election, the Governor shall issue a proclamation within five (5) days calling the special election and establishing the deadline for filing as a candidate for nomination, drawing for ballot position, and issuing and filing certificates of nomination. The special primary election shall occur no earlier than thirty (30) days nor later than sixty (60) days after the filing deadline. The candidate who receives the most votes in the special primary election shall be declared the nominee. There shall be no runoff election. In the event of a tie for the most votes, the nominee shall be determined by lot in a public meeting of the appropriate party committee. (2) When the certificate of nomination is filed for a nominee who is filling a vacancy in nomination, the filing authority shall immediately certify the name of the nominee to the appropriate county board of election commissioners. (e) If the party notifies the Governor that it desires to fill the vacancy in nomination by convention, the convention shall occur and be conducted in accordance with respective political party rules after the notice is provided to the Governor. (f) (1) If the party's nominee is not selected in time to file his or her certificate of nomination with the appropriate party authority at least seventy-six (76) days before the general election, the nominee's name shall not appear on the general election ballot but the name of the person who vacated the nomination shall appear on the ballot, and votes cast for the name of the person appearing on the ballot shall be counted for the nominee but only if the certificate of nomination is duly filed at least forty-seven (47) days before the general election. (2) (A) If votes for a nominee whose name does not appear on the ballot are to be counted under subdivision (f)(1) of this section, the county board of election commissioners shall post a notice at each affected polling place stating each election in which a vote for the person appearing on the ballot shall be counted for the nominee. (B) A copy of the notice shall be included with the instructions sent to absentee voters.

Legislative History

Amended by Act 2019, No. 648,§ 5, eff. 7/24/2019. Acts 1969, No. 465, Art. 1, §§ 5, 10; 1971, No. 261, §§ 3, 4; 1972 (Ex. Sess.), No. 42, § 1; 1975, No. 700, § 1; A.S.A. 1947, §§ 3-105, 3-110; Acts 1997, No. 1082, § 3; 2005, No. 2145, § 12; 2007, No. 1049, § 22; 2011, No. 203, § 2; 2011, No. 1185, § 8.