§ 10-2-120 - Elections to fill vacancies.
10-2-120. Elections to fill vacancies.
(a) (1) When any vacancy shall happen in the Senate for a district composed of more than one (1) county, the writ of election shall be directed to the sheriff of the county first named in the law establishing the district.
(2) When the vacancy shall happen in a senatorial district which shall have been divided or altered after the general election next preceding the occurrence of the vacancy, the writ of election shall be directed to the sheriff of the county first named in the old district.
(3) When any vacancy shall happen in either house for any county which shall have been divided after the general election next preceding the occurrence of the vacancy, the writ of election shall be directed to the sheriff of the old county.
(b) The sheriff to whom any writ of election shall be delivered shall cause the election to supply the vacancy to be held within the limits composing the county or district at the time of the next preceding general election. He or she shall issue his proclamation or notice for holding the election accordingly and transmit a copy thereof, together with a copy of the writ, to the sheriff of each of the counties within which any part of the old county may lie, who shall cause copies of the notice to be put up. The election is to be held accordingly in those parts of their respective counties which composed a part of the old county or district for which the election was held at the last preceding general election. The returns shall be made and the certificate of election granted in the same manner as if no division had taken place.