(1) Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title; but no congressional vacancy election shall be held during the ninety days prior to a general election or less than eighty-five days or more than one hundred days after the vacancy occurs.
(2) A congressional vacancy election shall be conducted and the results thereof surveyed and certified in all respects as nearly as practicable in like manner as for general elections, except as otherwise provided in this code.
Source: L. 80: Entire article R&RE, p. 324, � 1, effective January 1, 1981. L. 83: (1) amended, p. 350, � 10, effective July 1. L. 92: Entire part amended, p. 676, � 4, effective January 1, 1993. L. 93: (1) amended, p. 1765, � 3, effective June 6. L. 95: (1) amended, p. 829, � 25, effective July 1. L. 2008: (1) amended, p. 409, � 2, effective August 5. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, � 5, effective May 27.
Editor's note: This section is similar to former � 1-11-101 as it existed prior to 1980.
Cross references: For registration for congressional vacancy elections, see � 1-2-210; for the power of the county central committee to fill vacancies, see � 1-3-104; for filling vacancies to serve as judges of elections, see � 1-6-113.
1-4-401.5. Special congressional vacancy election - continuity in representation - rules. (1) In the event of a declaration by the speaker of the United States house of representatives pursuant to 2 U.S.C. sec. 8 (b) that vacancies exist in more than one hundred of the offices of representatives in congress and where one or more of those vacancies is in the office of representative in congress from this state, the governor shall issue a proclamation setting a day to hold a special congressional vacancy election. The special congressional vacancy election shall be conducted on a Tuesday not more than forty-nine days after the date of the declaration, unless a general election for the office is to be held within seventy-five days of the date of the declaration.
(2) Candidates at the special congressional vacancy election shall be nominated by the party congressional central committee selected pursuant to section 1-3-103 (3) not later than ten days after the declaration by the speaker of the United States house of representatives described in subsection (1) of this section.
(3) A person who desires to be an unaffiliated candidate at the special congressional vacancy election shall submit to the secretary of state a notarized candidate's statement of intent together with a nonrefundable filing fee of five hundred dollars.
(4) The secretary of state shall have the authority to promulgate rules as may be necessary to administer and enforce any provision of this section or to adjust statutory deadlines to ensure that a special congressional vacancy election is held within the time required by this section and 2 U.S.C. sec. 8 (b).
Source: L. 2008: Entire section added, p. 409, � 3, effective August 5.