§ 17-15-38 - Vacancies among nominees.
SECTION 17-15-38
§ 17-15-38 Vacancies among nominees.– (a) Whenever the nominee of a party for a particular office dies after theprimary, or removes him or herself from the jurisdiction of or as a candidatefor the office for which the nominee seeks election, or becomes physically ormentally disabled, the state committee of that party or a duly authorizedsubcommittee of the state committee in the case of state officers, and theappropriate city, town, ward, or district committee or any duly authorizedsubcommittee of them in the case of candidates for the other offices covered by§ 17-15-7, may file with the appropriate authority the name of its nomineefor the office; provided, that except in the case of death, the appropriatecommittee shall file the name with the appropriate authority no later than fouro'clock (4:00) p.m. of the third (3rd) day following the last day for theholding of the party primaries; and provided, further, that any appointednominee shall have been eligible for the nomination on the dates as required byand pursuant to the requirements of §§ 17-14-1.1, 17-14-2, and17-14-2.1. The person so named shall be the nominee of the party for theoffice, and if in case of the death of a nominee time will permit, thesecretary of state shall place the name of the nominee upon the electionballot. When the withdrawal or death occurs after the third (3rd) day after thelast day for holding primaries, the secretary of state shall not be required toremove from any computer ballot or mail ballot which has already been printedthe name of any person who is no longer the nominee of a party for a particularoffice as provided in this subsection, and any votes cast in any election forthat person shall not be counted.
(b) The provisions of this section shall not be construed topermit the state committee of the party, or a duly authorized subcommittee ofthe state committee in the case of state officers, or the appropriate city,town, ward, or district committee or any duly authorized subcommittee of themin the case of candidates for the other offices covered by § 17-15-7, tofile the name of a nominee for a vacant office if the vacancy is the result ofthe failure of candidate(s) of the party to qualify for the public officethrough the timely filing of sufficient nomination papers.