§ 16.1-12-10 — Party committee to fill vacancy occurring after nomination for party office

1. If a vacancy occurs in a slate of statewide candidates after the candidates have been
nominated at the primary election, the state executive committee of the party that
submitted the slate of statewide candidates may fill the vacancy by filing a certificate of
nomination with the secretary of state. The chairman and secretary of the committee
shall make and file with the secretary of state a certificate setting forth the cause of the
vacancy, the name of the individual for whom the new nominee is to be substituted, the
fact the committee was authorized to fill vacancies, and any other information required
to be provided in an original certificate of nomination. When the certificate of
nomination to fill a vacancy is filed, the secretary of state shall certify the new
nomination and the name of the individual who has been nominated to fill the vacancy
in place of the original nominee to the various county auditors. If the secretary of state
already has forwarded the certificate, the secretary of state shall certify to the county
auditors the name and address of the new nominee, the office the new nominee is

nominated for, the party or political principle the new nominee represents, and the
name of the individual for whom the new nominee is substituting, as soon as possible.
Failure to publish the name of a new nominee does not invalidate the election.
2. If a vacancy occurs in a slate of legislative candidates after the candidates have been
nominated at the primary election, the executive committee of the district in which the
vacancy occurs and of the party that submitted the slate of legislative candidates may
fill the vacancy by filing a certificate of nomination with the secretary of state. The
chairman and secretary of the committee shall make and file with the secretary of state
a certificate setting forth the cause of the vacancy, the name of the individual for whom
the new nominee is to be substituted, the fact the committee was authorized to fill
vacancies, and any other information required to be provided in an original certificate
of nomination. When the certificate of nomination to fill a vacancy is filed, the secretary
of state shall certify the new nomination to the various county auditors affected by the
change by forwarding to the auditors the name of the individual who has been
nominated to fill the vacancy in place of the original nominee, as soon as possible. The
certification must include the name and address of the new nominee, the office the
new nominee is nominated for, the party or political principle the new nominee
represents, and the name of the individual for whom the new nominee is substituting.
Failure to publish the name of a new nominee does not invalidate the election.
3. A vacancy in a nomination following a primary election may not be filled according to
subsection 1 or 2 unless the nominated candidate:
a. Dies;
b. Would be unable to serve, if elected, as a result of a debilitating illness;
c. Ceases to be a resident of the state;
d. Is nominated to be a member of the legislative assembly and, at the time of the
election, will not be a resident of the legislative district to be represented; or
e. Ceases to be qualified to serve, if elected, as otherwise provided by law.
4. Vacancies to be filled according to this section may be filled not later than the
sixty-fourth day before the election.