§ 22-23-308 — Vacancies in nomination

(a) A vacancy in nomination for a municipal office to be
filled at a general election occurs if:
(i) A candidate nominated at a primary election
declines to accept the nomination, dies, moves his residence
from his constituency or becomes disqualified to hold the office
for any reason provided by law;
(ii) After the primary election there are no
nomination applications for the office of mayor or councilman.
(b) A vacancy in nomination shall be filled by the
municipal clerk notifying the person who received the next
highest number of votes at the municipal primary election as
shown on the official county canvass, or, if no other candidate
exists, the vacancy in nomination may be filled by the governing
body of the municipality.
(c) Not less than sixty (60) days prior to the general
election, the municipal clerk shall certify to the county clerk
the names of all qualified candidates who have accepted
nomination by write-in vote and those nominated by the governing
body and the office they seek. The names shall be printed on the
general election ballot.