17-1-302 - Writs for special elections.
17-1-302. Writs for special elections.
(a) The governor shall order the election by issuing proper writs of election, giving notice thereof.
(b) (1) In the case of a judge of the supreme court or appeals judge, the writs shall issue to all county election commissions in the state, and the notice shall be for at least thirty (30) days, by publication in a newspaper in each grand division.
(2) In the case of a circuit judge, chancellor, criminal judge or judge of any other court of record, the writs shall issue to the county election commissions throughout the judicial district or special district for which the election is to be held, and the notice shall be for at least thirty (30) days by publication in one (1) or more newspapers of the judicial district or special district.
(c) Whenever the vacancy occurs in sufficient time prior to the election date, notice shall be given and candidates will qualify as in the case of other elections for such office; however, where the vacancy occurs too late for the notice and period of qualification for candidates but more than thirty (30) days before the election, notice will be given at least thirty (30) days as provided in subsection (b) and candidates shall have until twenty-five (25) days before the election in which to qualify as provided by law either as a party nominee or as an independent candidate.
[Code 1858, §§ 312-314 (deriv. Acts 1853-1854, ch. 32, § 6); Acts 1895, ch. 76, § 6; impl. am. Acts 1907, ch. 436; Shan., §§ 382-384, 6316; mod. Code 1932, §§ 638-640, 10609; Acts 1969, ch. 138, § 2; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1979, ch. 384, § 1; T.C.A. (orig. ed.), § 17-113.]