(1) In the event of a vacancy in
the general assembly caused by the death or resignation of a member who has
been sworn into office, caused by the death or resignation of a member who has
been elected to a seat but who has not yet been sworn into office, or caused by a
person not taking the oath of office as provided in subsection (3)(b) of this section,
the vacancy shall be filled by the appropriate vacancy committee, if any, as
provided in section 1-3-103 (1)(d), of the same political party and of the same
representative or senatorial district represented by the former member whose seat
is vacant. If the member was affiliated with a minor political party, then the vacancy
must be filled by the vacancy committee designated in the constitution or bylaws of
the minor political party. If the member was unaffiliated with a political party, then
the vacancy must be filled by the vacancy committee designated on the petition for
nomination pursuant to section 1-4-802 (1)(e); except that, if the member has no
vacancy committee, the vacancy must be filled by the governor. Except as
otherwise provided in subsection (1.5) of this section, the vacancy must be filled
until the next general election after the vacancy occurs, when the vacancy must be
filled by election.
(1.5) (a) Except as provided in section 1-12-208, and notwithstanding section
1-4-1010, if a vacancy in the general assembly occurs on or after July 31 of an odd-numbered year and before July 31 of the next even-numbered year and the former
member whose seat is vacant was affiliated with a major political party, the
vacancy must be filled by a vacancy committee pursuant to subsection (1) or (5) of
this section until the next general election after the vacancy occurs, when the
vacancy must be filled by election.
(b) Except as provided in section 1-12-208, and notwithstanding section 1-4-1010, if a vacancy in the general assembly occurs on or after July 31 of an even-numbered year and before July 31 of the next odd-numbered year and the former
member whose seat is vacant was affiliated with a major political party, the
vacancy must be filled by a vacancy committee pursuant to subsection (1) or (5) of
this section until the next odd-numbered year coordinated election, when the
vacancy must be filled by a major political party vacancy election; except that, if
the vacant seat is scheduled to be on the ballot at the next general election in an
even-numbered year and the vacancy occurs on or after July 31 of that even-numbered year but before ninety days remain in the vacant term, the remainder of
the vacant term must be filled by a vacancy committee pursuant to subsection (1) of
this section. The candidate elected in the major political party vacancy election
shall serve until the next general election, when the vacancy must be filled by
election.
(c) The only candidates who may run in a major political party vacancy
election described in subsection (1.5)(b) of this section are candidates who, as of no
later than the first business day of the January immediately preceding the major
political party vacancy election, or as otherwise provided by the applicable party's
rule, are members of the same political party and, as of no later than one year prior
to the major political party vacancy election, are residents of the same
representative or senatorial district as the former member whose seat is vacant.
The only voters who may vote in the major political party vacancy election are
voters who:
(I) Are, as of the twenty-second day before the major political party vacancy
election, affiliated with the same political party as the former member whose seat
is vacant or unaffiliated; and
(II) Reside in the same representative or senatorial district represented by
the former member whose seat is vacant.
(d) A candidate must be placed on the ballot for a major political party
vacancy election described in subsection (1.5)(b) of this section if the candidate:
(I) Files a nominating statement on a form created by the candidate's
political party that is signed by thirty percent of the applicable vacancy committee
members with the secretary of state and the candidate's political party before 5
p.m. on the seventieth day preceding the major political party vacancy election; or
(II) Submits to the secretary of state, no later than thirty days after their
petition format has been approved or eighty-five days prior to the major political
party vacancy election, whichever is sooner, a notarized candidate's statement of
intent and a petition signed by at least two hundred electors, each of whom has
been affiliated with the same political party as the candidate for at least twenty-two days prior to signing, and each of whom is eligible to vote in the district for
which the candidate is to be elected. Part 9 of article 4 of this title 1 applies to
petitions submitted pursuant to this section; except that the provisions of part 9 of
article 4 of this title 1 that conflict with the requirements or timeline described in
this section do not apply to petitions submitted pursuant to this section. Petitions
must not be circulated and signatures must not be obtained prior to the first
business day after the effective date of the vacancy. A petition must not be
circulated until it has been approved as meeting the requirements of section 1-4-904 as to form. The secretary of state shall approve or disapprove a petition as to
form no later than the close of the second business day following submission of the
proposed petition.
(e) If a vacancy committee member signs a nominating statement in
accordance with subsection (1.5)(d)(I) of this section after having signed another
nominating statement filed for the same office in the same major political party
vacancy election, the vacancy committee member's signature only counts toward
the thirty percent of applicable vacancy committee member signatures required
pursuant to subsection (1.5)(d)(I) of this section on the first nominating statement
submitted that contains the signature.
(f) If an eligible elector signs a petition in accordance with subsection
(1.5)(d)(II) of this section after having signed another petition submitted for the
same office in the same major political party vacancy election, the elector's
signature only counts toward the two hundred elector signatures required pursuant
to subsection (1.5)(d)(II) of this section on the first petition submitted that contains
the signature.
(g) The party chairperson of the vacancy committee of the district in which
the candidate is running shall verify that a nominating statement filed pursuant to
this section satisfies subsections (1.5)(d)(I) and (1.5)(e) of this section. The secretary
of state shall verify that a petition submitted pursuant to this section satisfies
subsections (1.5)(d)(II) and (1.5)(f) of this section.
(h) The only candidates who are placed on the ballot for a major political
party vacancy election are those described in subsections (1.5)(d)(I) and (1.5)(d)(II) of
this section.
(i) A major political party vacancy election must be certified by the secretary
of state in the same manner as an odd-year November election is certified pursuant
to section 1-5-203 (1). The secretary of state shall certify placement of the
candidates on the ballot as drawn by lot.
(j) The major political party vacancy election must be conducted as part of
the odd-year November coordinated election.
(k) A candidate in a major political party vacancy election may select
watchers in the same manner as a candidate in a nonpartisan election as provided in
section 1-7-107. The members of the canvass board for a major political party
vacancy election must be appointed and certified in the manner provided in section
1-10-101. Election judges for major political party vacancy elections must be
appointed in the same manner as election judges for partisan elections in
accordance with section 1-6-111.
(l) If, at a major political party vacancy election, after all recounts have been
completed, any two or more candidates tie for the highest number of votes for the
same office, the tie must be resolved in a manner agreed upon by the tying
candidates. In case the candidates fail to agree on the method of resolution within
five days after the canvass is complete, the tie must be resolved by lot to be cast as
the secretary of state may determine.
(1.7) A political party may choose to continue to fill a vacancy in the general
assembly by vacancy committee according to subsection (1) of this section rather
than by a major political party vacancy election established by subsection (1.5) of
this section if at least three-fourths of the total voting membership of the party's
state central committee affirmatively votes to do so. Such vote of the party's state
central committee must occur no later than October 1 of the year preceding the
year in which a major political party vacancy election would be held. For purposes
of this vote, members of the party's state central committee shall not vote by proxy.
(2) No vacancy committee may select a person to fill a vacancy at a meeting
held pursuant to this section unless a written notice announcing the time and
location of the vacancy committee meeting was mailed to each of the committee
members at least ten days prior to the meeting by the chairperson of the central
committee that selected the members. Mailing of the notice is effective when the
notice is properly addressed and deposited in the United States mail, with first-class postage prepaid.
(3) (a) The vacancy committee, by a majority vote of its members present and
voting at a meeting called for that purpose and open to the public, shall select a
person who possesses the constitutional qualifications for a member of the general
assembly and who is affiliated with the same political party or minor political party,
if any, shown in the statewide voter registration system as the former member
whose seat is vacant. No vacancy committee meeting shall be held until a quorum is
present consisting of not less than one-half of the voting membership of the
vacancy committee. No member of the vacancy committee may vote by proxy. All
vacancy committee meetings must be accessible in real time by live streaming
video or audio that is recorded and accessible to the public. The committee shall
certify the selection to the secretary of state within thirty days from the date the
vacancy occurs; except that, in the case of a vacancy filled pursuant to section 1-4-1006, the committee shall certify the selection within thirty days after the date of
the general election affected by the vacancy. If the vacancy committee fails to
certify a selection within thirty days in accordance with this subsection (3), the
governor, within five days, shall fill the vacancy by appointing a person having the
qualifications set forth in this subsection (3). The name of the person selected or
appointed must be certified to the secretary of state.
(b) No sooner than two days after receiving the certification from the
vacancy committee, the secretary of state shall certify the name of the person
selected or appointed to the appropriate house of the general assembly. The oath
of office shall be administered to the person within thirty days of the receipt of
such certification by the appropriate house or on the convening date of the general
assembly, whichever occurs first; except that the president of the senate or the
speaker of the house of representatives, as appropriate, shall extend the time to
take the oath upon a finding that extenuating circumstances prevented the person
from taking the oath within the initial thirty-day period. In the event the person does
not take the oath of office in accordance with this paragraph (b), the office shall be
deemed vacant and shall be filled by the appropriate vacancy committee pursuant
to the provisions of this section. The person, after having qualified and taken the
oath of office, shall immediately assume the duties of office and shall serve until
the next convening of the general assembly following the election certification and
qualification of a successor. Nothing in this subsection (3) shall be construed to
reduce the number of consecutive terms that a person appointed to fill a vacancy in
the general assembly may serve in accordance with section 3 of article V of the
state constitution.
(4) For purposes of this section, a vacancy caused by the resignation of a
member of the general assembly occurs on the effective date of the member's
letter of resignation to the chief clerk of the house of representatives or the
secretary of the senate. If the letter of resignation gives an effective date of
resignation that is later than the date the letter of resignation is submitted, the
vacancy committee may meet no more than twenty days prior to the effective date
of the resignation for the purposes of nominating a person to fill the vacancy. The
certification of the nominee of the vacancy committee to the secretary of state may
not be made prior to the effective date of the resignation; further, should the
member of the general assembly withdraw the letter of resignation prior to the
effective date, the person nominated by the vacancy committee may not be
certified to the secretary of state.
(5) If the vacancy is caused by the death of a member-elect of the general
assembly who has been elected to office but who has not yet been sworn in, the
vacancy committee shall meet no more than thirty days after the death of the
general assembly member-elect to fill the vacancy. The certification of the
nomination of the vacancy committee to the secretary of state may be made prior
to the convening of the general assembly but shall not take effect until the
effective date of the vacancy, which is the first day the general assembly convenes.
(6) (a) Notwithstanding any provision to the contrary, a member of a vacancy
committee filling a vacancy pursuant to this section may participate in a vacancy
committee meeting remotely, including casting the member's vote by email, mail,
telephone, or through an internet-based application if allowed by the party's rules.
(b) Repealed.