§ 26-11-107 — Vacancy - Expiration of term.

If a judicial officer who was elected to a six-year term that expires the second Monday in January following the election or who was appointed to fill a vacancy that expires the second Monday in January following the election and who was retained in office by the voters at a prior General Election fails to file a Declaration of Candidacy to be retained in office to succeed himself, or files such a Declaration but is not retained in office at the election, the vacancy in office occurs on the second Monday in January following the election. If a judicial officer who was appointed to fill a vacancy but who has not yet been retained in office by the voters fails to file a Declaration of Candidacy, the vacancy in office occurs when the time to file such Declaration has expired. If such judicial officer files a Declaration of Candidacy but is not retained in office by the voters, the vacancy in office occurs when the result of the election is certified to the Secretary of State. In any of the above cases, the judicial officer may continue in office after the vacancy occurs until his successor has been appointed and has qualified for office.

Legislative History

Laws 1974, c. 153, § 11-107, operative Jan. 1, 1975.