20A-1-503. Midterm vacancies in the Legislature.
(1) As used in this section: "Filing deadline" means the final date for filing: a declaration of candidacy as provided in Section; and 20A-9-202 a certificate of nomination as provided in Section. 20A-9-503 "Party liaison" means the political party officer designated to serve as a liaison with the lieutenant governor on all matters relating to the political party's relationship with the state as required by Section. 20A-8-401
(2) When a vacancy occurs for any reason in the office of representative in the Legislature, the governor shall fill the vacancy by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior representative.
(3) Except as provided by Subsection, when a vacancy occurs for any reason in the office of senator in the Legislature, it shall be filled for the unexpired term at the next regular general election. (5) The governor shall fill the vacancy until the next regular general election by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator.
(4) If a vacancy described in Subsectionoccurs after the filing deadline but before August 31 of an even-numbered year in which the term of office does not expire, the lieutenant governor shall: (3)(a) establish a date and time, that is before the day on which the lieutenant governor is required to send the information described in Sectionto a county clerk, and no later than 21 calendar days after the day on which the vacancy occurred, by which a person intending to obtain a position on the ballot for the vacant office shall file: 20A-5a-209 a declaration of candidacy; or a certificate of nomination; and give notice of the vacancy and the date and time described in Subsection: (4)(a)(i) on the lieutenant governor's website; and to each registered political party. A person intending to obtain a position on the ballot for the vacant office shall: before the date and time specified in Subsection, file a declaration of candidacy or certificate of nomination according to the procedures and requirements of; and (4)(a)(i) Chapter 9, Candidate Qualifications and Nominating Procedures run in the regular general election if: nominated as a party candidate; or qualified as an unaffiliated candidate as provided by. Chapter 9, Candidate Qualifications and Nominating Procedures If a vacancy described in Subsectionoccurs after the deadline described in Subsectionand before the last business day in August, of an even-numbered year in which the term of office does not expire, a party liaison from each registered political party may submit a name of a person described in Subsectionto the lieutenant governor before 5 p.m. no later than the second to last business day in August for placement on the regular general election ballot. (3)(a) 20A-9-201.5(2) (4)(b)
(5) If a vacancy described in Subsectionoccurs on or after the last business day in August of an even-numbered year in which a term does not expire, the governor shall fill the vacancy for the unexpired term by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator. (3)(a)
(6) Except as provided in Subsection, an individual seeking appointment to fill a vacancy described in this section shall, no later than the deadline for the individual to file an interim report under Subsection, make a complete conflict of interest disclosure on the website described in Section. (6)(b) 20A-11-303(3)(a) 20A-11-1602.5 An individual described in Subsectionis not required to comply with Subsectionif the individual: (6)(a) (6)(a) currently holds the office of senator and is seeking appointment as a representative; or currently holds the office of representative and is seeking appointment as a senator; already, that same year, filed a conflict of interest disclosure for the office described in Subsection, in accordance with Section; and (6)(b)(i) 20A-11-1604 no later than the deadline described in Subsection, indicates, in a written statement, that the conflict of interest disclosure described in Subsectionis updated and accurate as of the date of the written statement. (6)(a) (6)(b)(ii)
(7) The lieutenant governor shall make each conflict of interest disclosure made by an individual described in Subsectionavailable for public inspection in accordance with Subsection. (6)(a) 20A-11-1603(4)
(8) A vacancy in the office of senator or representative of the Legislature does not occur unless the senator or representative: has left the office; or submits an irrevocable letter of resignation to: for a senator, the president of the Senate; or for a representative, the speaker of the House of Representatives.