20A-1-501 - Candidate vacancies -- Procedure for filling.
20A-1-501. Candidate vacancies -- Procedure for filling.
(1) The state central committee of a political party, for candidates for United Statessenator, United States representative, governor, lieutenant governor, attorney general, statetreasurer, and state auditor, and for legislative candidates whose legislative districts encompassmore than one county, and the county central committee of a political party, for all other partycandidates seeking an office elected at a regular general election, may certify the name of anothercandidate to the appropriate election officer if:
(a) after the close of the period for filing declarations of candidacy and continuingthrough the date 15 days before the date of the primary election:
(i) only one or two candidates from that party have filed a declaration of candidacy forthat office; and
(ii) one or both:
(A) dies;
(B) resigns because of becoming physically or mentally disabled as certified by aphysician; or
(C) is disqualified by an election officer for improper filing or nominating procedures; or
(b) after the close of the primary election and continuing through the date of the voterregistration deadline for the general election as established in Section 20A-2-102.5, the party'scandidate:
(i) dies;
(ii) resigns because of becoming physically or mentally disabled as certified by aphysician;
(iii) is disqualified by an election officer for improper filing or nominating procedures; or
(iv) resigns to become a candidate for President or Vice-President of the United States.
(2) If no more than two candidates from a political party have filed a declaration ofcandidacy for an office elected at a regular general election and one resigns to become the partycandidate for another position, the state central committee of that political party, for candidatesfor governor, lieutenant governor, attorney general, state treasurer, and state auditor, and forlegislative candidates whose legislative districts encompass more than one county, and thecounty central committee of that political party, for all other party candidates, may certify thename of another candidate to the appropriate election officer.
(3) Each replacement candidate shall file a declaration of candidacy as required by Title20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
(4) A replacement candidate may not be certified for an election during the periodbeginning on the day after the date of the voter registration deadline and continuing through thedate of the election.
Amended by Chapter 264, 2006 General Session