Current with legislation from 2024 Fiscal and Special Sessions.
(a) The general primary election shall be held:(1) For years in which the office of Governor will appear on the ballot at the general election, on the third Tuesday in June preceding the general election; and(2) For years in which the office of President of the United States will appear on the ballot at the general election, on the Tuesday four (4) weeks following the preferential primary election.(b) The preferential primary election shall be held: (1) For years in which the office of Governor will appear on the ballot at the general election, on the Tuesday four (4) weeks before the general primary election; and(2) For years in which the office of President of the United States will appear on the ballot at the general election, on the first Tuesday after the first Monday in March.(c)(1) The party filing period shall be a one-week period beginning and ending on the following dates and times: (A) For years in which the office of Governor will appear on the ballot at the general election, beginning at 12:00 noon one (1) week prior to the first day in March and ending at 12:00 noon on the second day in March; and(B) For years in which the office of President of the United States will appear on the ballot at the general election, beginning at 12:00 noon on the first Monday in November preceding the general primary election and ending at 12:00 noon on the eighth day thereafter.(2) Party pledges, if any, and affidavits of eligibility shall be filed, any filing fees of a political party, if any, shall be paid, and party certificates shall be issued by the party during regular office hours during the party filing period.(3) A party certificate and the political practices pledge shall be filed with the county clerk or the Secretary of State, as the case may be, during regular office hours during the party filing period.(4) The name of a candidate who fails to file a party certificate and political practices pledge by the filing deadline with the Secretary of State or county clerk, as the case may be, shall not appear on the ballot.(5) Party pledges, if any, shall be filed, filing fees, if any, shall be paid, and party certificates and political practices pledges shall be filed for special primary elections on or before the deadline established by proclamation of the Governor or other entity authorized to call a special primary election.(d)(1) At least seventy-five (75) days before the preferential primary election, the Secretary of State shall certify to the various county committees and to the various county boards of election commissioners a list of the names of all candidates who have filed party certificates with the Secretary of State within the time required by law.(2) At least seventy-five (75) days before the preferential primary election, the county clerk shall certify to the county committees and to the county board of election commissioners a list of the names of all candidates who have filed party certificates with the county clerk within the time required by law.(e)(1) The county board of election commissioners shall convene, at the time specified in the notice to the members given by the chair of the board, no later than the tenth day after each primary election for the purpose of canvassing the returns and certifying the election results.(2) If no time is specified for the meeting of the county board of election commissioners, the meeting shall be at 5:00 p.m.(f) The county convention of a political party holding a primary election shall be held: (1) No sooner than the day after the general primary election is held or, if no general primary election is held, no sooner than the day after the preferential primary election is held; and(2) No later than one hundred (100) days before the general election.(g)(1)(A) The county board of election commissioners shall certify to the county clerk and the county committee a list of all candidates who received the most votes or are unopposed on the ballot for county, township, and municipal offices, and the political parties' county committee members and delegates.(B) The list under subdivision (g)(1)(A) of this section shall be provided no later than: (i) Ten (10) days after certification of the: (a) General primary election; or(b) If no general primary election will be held, the preferential primary election; and(ii) One hundred (100) days before the general election.(2) At the same time, the county board of election commissioners shall certify to the Secretary of State and the secretary of the state committee the results of the contests for all United States, state, and district offices. Immediately after ascertaining the results for all United States, state, and district offices, the Secretary of State shall certify to the state committee a list of all nominated candidates for the offices.(h)(1)(A) The Secretary of State shall at least one hundred (100) days before the date of the general election notify by registered mail the chair and secretary of the state committee of the respective political parties that a certificate of nomination is due for all nominated candidates for United States, state, and district offices in order that the candidates' names be placed on the ballot of the general election.(B)(i) The state committee shall issue certificates of nomination to all nominated candidates for United States, state, and district offices, who shall file the certificates with the Secretary of State at least ninety (90) days before the general election.(ii) However, if the chair and secretary of the state committee of the respective political parties are not properly notified as directed by subdivision (h)(1)(A) of this section, the failure of a candidate to file a certificate of nomination by the deadline shall not prevent that candidate's name from being placed on the ballot of the general election.(2)(A) Each county clerk shall at least one hundred (100) days before the date of the general election notify by registered mail the chairs and secretaries of the county committees of the respective political parties that a certified list of all nominated candidates for county, township, and municipal offices is due and shall be filed with the county clerk in order that the candidates' names be placed on the ballot for the general election.(B)(i) Each county political party committee shall issue the certified list on behalf of those nominated candidates and submit the certified list to the county clerk and county board of election commissioners at least ninety (90) days before the general election.(ii) However, if the chairs and secretaries of the county committees of the respective political parties are not properly notified as directed by subdivision (h)(2)(A) of this section, the failure of a certified list to be filed by the deadline shall not prevent any candidate's name from being placed on the ballot of the general election.Amended by Act 2023, No. 462,§ 1, eff. 8/1/2023.Amended by Act 2019, No. 649,§ 3, eff. 7/24/2019.Amended by Act 2019, No. 649,§ 2, eff. 7/24/2019.Amended by Act 2019, No. 649,§ 1, eff. 7/24/2019.Amended by Act 2019, No. 545,§ 2, eff. 7/24/2019.Amended by Act 2017, No. 1088,§ 1, eff. 8/1/2017.Amended by Act 2015EX1, No. 4,§ 1, eff. 5/29/2015, expires 12/31/2016.Acts 1969, No. 465, Art. 1, § 13; 1971, No. 261, § 23; 1971, No. 347, §§ 5-7; 1971, No. 829, §§ 1-3; 1972 (Ex. Sess.), No. 37, §§ 1, 2; 1975, No. 601, §§ 1, 2; 1977, No. 888, §§ 1, 2; 1981, No. 448, § 1; A.S.A. 1947, § 3-113; Acts 1987, No. 123, §§ 13, 14; 1987, No. 248, §§ 2, 16; 1993, No. 966, § 2; 1995, No. 723, § 2; 1995, No. 724, § 2; 1995, No. 901, § 4; 1997, No. 886, § 3; 2001, No. 1475, § 3; 2003, No. 1165, § 7; 2003, No. 1731, § 4; 2007, No. 1020, § 14; 2007, No. 1049, § 25; 2009, No. 959, § 36; 2011, No. 1185, § 9.