Special elections to fill vacancies in office

(A) Except as otherwise provided in this code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies. (B)(1) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close seven days later at twelve o'clock noon. If the filing period closes on a legal holiday, then the filing period is extended until noon on the next weekday that is not a legal holiday. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70. (2) A primary must be held on the first eligible date provided in subsection (D) that is on or following the eleventh Tuesday after the vacancy occurs. A runoff primary, if necessary, must be held two weeks after the primary. A special election must be held on the first eligible date provided in subsection (D) that is following the date of the primary. (3) If there are more than twenty Tuesdays after a vacancy occurs in the office of House of Representatives of the Congress of the United States to the date provided for an eligible special election in subsection (D), or if there are more than thirty-five days from the eleventh Tuesday after a vacancy occurs in the office of State Senate or State House of Representatives to the date provided for an eligible primary in subsection (D), then the schedule to fill a vacancy in one of those offices must be in accordance with the following: (a) a primary must be held on the eleventh Tuesday after the vacancy occurs; (b) a runoff primary, if necessary, must be held two weeks after the primary; (c) a special election must be held on the twentieth Tuesday after the vacancy occurs; and (d) if the date for a primary, runoff primary, or special election conflicts with the holding of a statewide primary, statewide general election, or presidential preference primary then the Governor, President of the Senate, or Speaker of the House of Representatives, as applicable, may establish a schedule to fill a vacancy in a manner that does not conflict with the holding of a statewide primary, statewide general election, or presidential preference primary. (C) If the office is not one for which there are partisan elections, then the filing must be opened at noon on the third Friday after the vacancy occurs for a period to close seven days later at noon. If the filing period closes on a legal holiday, then the filing period is extended until noon on the next weekday that is not a legal holiday. The filing must be made to the same entity to which the nonpartisan officeholders would normally file for office in a general election year. The election must be set for the first eligible date provided in subsection (D) that is on or following the eleventh Tuesday after the vacancy occurs. (D) A special election for any office, a primary for a special election, or for any matter for which a special election is called, unless otherwise provided in this section, must only be held on one of the following dates: (1) the fourth Tuesday in January; (2) the first Tuesday after the first Monday in April; (3) the second Tuesday in June in even-numbered years only and for only primaries for special elections; (4) the fourth Tuesday in August; and (5) the first Tuesday after the first Monday in November for only elections other than primaries for special elections. (E) If the date for a primary for a special election, runoff primary, or special election falls on a legal holiday, then the primary, runoff primary, or special election, as applicable, must be set for the next succeeding Tuesday that is not a legal holiday. (F) If the date for a special election to fill an unexpired term of office is one hundred days or less from the date a general election is to be held for the office, then no special election or primary must be held for the office. The provision of this subsection is not applicable to unexpired terms in the office of House of Representatives of the Congress of the United States.