§ 7-7-304 — Names to be included on ballots - Withdrawal - Unopposed candidates - Designation of position - Necessity of general primary

(a) (1) The Secretary of State shall certify to all county boards of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballots in their respective counties at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 . (2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the Secretary of State in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies. (b) (1) The county clerk shall certify to the county board of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballot at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 . (2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the county clerk in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies. (c) (1) The votes received by a person whose name appeared on the preferential primary ballot and who withdrew or died after the certification of the ballot shall be counted. (2) If the person receives enough votes to win the nomination, a vacancy in nomination shall exist. (3) If the person receives enough votes to advance to the general primary election, the person's name shall be printed on the general primary election ballot. (4) If the person receives enough votes to win the general primary election, a vacancy in nomination shall exist. (d) When only one (1) candidate qualifies for a particular office or position, the office or position and the name of the unopposed candidate shall be printed on the political party's ballot in all primary elections. (e) (1) When there are two (2) or more nominees to be selected for the same office, such as state senator, state representative, justice of the peace, council member, or for any other office, the proper committee shall require the candidates to designate in writing a particular position, i.e., "position number one (1)", "position number two (2)", "position number three (3)", etc., at the time that a party pledge is required to be filed with the secretary of the committee. (2) When a candidate has once filed and designated for a certain position, that candidate shall not be permitted to thereafter change the position. (f) (1) If at the preferential primary election for a political party a candidate receives a majority of the votes cast for that office or position, the person shall be declared the party nominee and it shall not be necessary for the candidate's name to appear on the ballot at the general primary election. (2) If no candidate receives a majority of the votes cast for an office or position at the preferential primary for a political party, the names of the two (2) candidates of the political party who received the highest number of votes for an office or a position shall be placed upon the ballots at the general primary election.

Legislative History

Amended by Act 2019, No. 1013,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 545,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 879,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 730,§ 4, eff. 8/1/2017. Amended by Act 2015EX1, No. 4,§ 2, eff. 5/29/2015, expires 12/31/2016. Acts 1969, No. 465, Art. 1, § 10; 1971, No. 261, § 4; A.S.A. 1947, § 3-110; Acts 1989, No. 912, § 5; 1995, No. 901, § 8; 2003, No. 332, § 1; 2007, No. 1020, § 15; 2007, No. 1049, § 26; 2009, No. 1480, § 44; 2011, No. 1185, § 10.