§ 7-7-106 - Filling vacancies in candidacy for nomination -- Preferential primary.
7-7-106. Filling vacancies in candidacy for nomination -- Preferential primary.
(a) A political party may fill a vacancy if:
(1) A person is running unopposed in a preferential primary and cannot accept the nomination due to death; or
(2) Upon notification to the party that he or she will not accept the nomination due to a serious illness.
(b) The vacancy shall be filled within ten (10) calendar days after the death or notification to the political party.
(c) The vacancy shall be filled at a convention of the political party.
(d) If the vacancy is filled more than sixty-six (66) days before the preferential primary election, the name of the person filling the vacancy shall be printed on the ballot instead of the name of the person who vacated the candidacy.
(e) If the vacancy is filled less than sixty-six (66) days before the date of the preferential primary, the name of the person subsequently elected to fill the vacancy in candidacy shall be declared the nominee even if the name of the person who vacated the candidacy appears on the preferential primary ballot.
(f) If the vacancy in candidacy is not filled before the date of the preferential primary election, a vacancy in nomination shall be deemed to exist on the date of the preferential primary election and the vacancy in nomination shall be filled under 7-7-104.