(1) A vacancy in nomination for a school district director candidate caused by the declination, death, disqualification, or withdrawal of any person nominated by petition occurring after the filing of the petition for nomination may be filled by the person or persons designated or appointed on the petition within five days of the person or persons learning of the vacancy.
(2) (a) When a vacancy is filled in accordance with this section before the ballots are printed, the coordinated election official shall cause the name of the replacement candidate to be printed on the ballot.
(b) When a vacancy is filled in accordance with this section after the ballots are printed:
(I) The coordinated election official shall:
(A) Prominently post, on the coordinated election official's official website and in each voter service and polling center, a notice regarding the vacancy and the name of the replacement candidate; and
(B) Either cause to be printed and placed on the sample ballot delivered to the election judges and posted in accordance with section 1-5-413 a sticker of a different color than the sample ballot indicating the name of the replacement candidate or reprint the sample ballot with the name of the replacement candidate in a different color; and
(II) Votes cast for the candidate who vacated the nomination must be counted as votes for the replacement candidate.
Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, � 5, effective August 9.
1-4-1010. Vacancies in office occurring from the sixty-eighth day prior to primary election day through the earliest day to mail general election ballots. (1) Except as otherwise provided in subsection (2) of this section or section 1-4-1010 (2), any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office and falling within the time periods governed by section 1-4-1002, 1-4-1003, 1-4-1004, or 1-4-1005 shall be filled at the next general election with nomination or designation by the political party as follows:
(a) (I) If the vacancy occurs before the political party assembly, the designated election official shall notify the chairperson of each major political party that the office will be on the ballot for the next primary election, and candidates for the office shall be designated as provided in section 1-4-601 or 1-4-603.
(II) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
(b) (I) If the vacancy occurs after the political party assembly and no later than sixty-eight days before the primary election, the designated election official shall add the office to the notice of election and notify the chairperson of each major political party that the office will be on the ballot for the next primary election. Candidates for the office shall be designated as provided in section 1-4-603 or by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district.
(II) No person is eligible for appointment to fill a vacancy in a party designation unless that person meets all requirements of candidacy as of the date that the vacancy appointment is made.
(c) If the vacancy occurs during the sixty-seven days before the primary election, or after the primary election and no later than sixty-eight days before the general election, the designated election official shall add the office to the notice of election for the general election and notify the chairperson of each major political party that the office will be on the ballot for the next general election. Nominations for the office shall be made by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district or as provided in section 1-4-802 for the nomination of unaffiliated candidates.
(d) If the vacancy occurs sixty-eight days or fewer before a general election, that office must be filled at the next general election.
(2) Any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during a term of office shall be filled at the next general election with nomination or designation by a minor political party pursuant to the constitution or bylaws of the minor political party.
Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 960, � 5, effective August 9.
Editor's note: Subection (1) is similar to former � 1-4-1002 (7) as it existed prior to 2017. Subsection (2) is similar to former � 1-4-1002 (7.5) as it existed prior to 2017.
1-4-1011. Vacancies of joint gubernatorial candidates - process for filling vacancy in nomination for office of lieutenant governor. (1) For the purposes of this part 10, no vacancy in designation or nomination for the office of governor or the office of lieutenant governor in any way affects the candidacy of the other joint candidate.
(2) Any vacancy in a nomination for the office of lieutenant governor must be filled by appointment by the vacating candidate's joint candidate for governor.
(3) For the purposes of this section, a vacancy is caused by the declination, death, disqualification, or withdrawal of the candidate designated or nominated for governor or lieutenant governor.
Source: L. 2017: Entire part amended with relocated provisions, (SB 17-209), ch. 234, p. 961, � 5, effective August 9.
Editor's note: Subsection (1) is similar to former � 1-4-1003 as it existed prior to 2017. Subsection (2) is similar to former � 1-4-1002 (7.3) as it existed prior to 2017.