§ 17-3-5 - Death, refusal, or incapacity of senator or representative elect.
SECTION 17-3-5
§ 17-3-5 Death, refusal, or incapacity ofsenator or representative elect. – (a) Whenever any person elected a senator or representative in the generalassembly, at any time between the day of his or her election and the beginningof his or her term of office, refuses to serve and so declares to the secretaryof state, or dies, becomes insane, removes from the state, or is otherwiseincapacitated, the secretary of state shall immediately cause a warrant to beissued ordering a new election of senator or representative, as the case maybe, to be held in that district at least seventy (70) but not more than ninety(90) days from the occurrence of the refusal or incapacity.
(b) Every person elected pursuant to the provisions of thissection shall hold his or her office for the full term or for the remainder ofthe term, as the case may be, of the office that person is elected to fill, anduntil that person's successor is elected and qualified.