Current through the 2024 Regular Session
Section 23-15-851 - Elections to fill vacancies in offices in Legislature; notice(1) Except as otherwise provided in subsection (2) of this section, within thirty (30) days after vacancies occur in either house of the Legislature, the Governor shall issue writs of election to fill the vacancies on a day specified in the writ of election. At least sixty (60) days' notice shall be given of the election in each county or part of a county in which the election shall be held. The qualifying deadline for the election shall be fifty (50) days before the election. Notice of the election shall be posted at the courthouse and in each supervisors district in the county or part of county in which such election shall be held for as near sixty (60) days as may be practicable. The election shall be prepared for and held as in the case of a general election.(2) If a vacancy occurs in a calendar year in which the general election for state officers is held, the Governor may elect not to issue a writ of election to fill the vacancy.Derived from 1972 Code § 23-5-201 [Codes, 1857, ch 4, art 29; 1871, § 395; 1880, § 157; 1892, § 3684; 1906, § 4192; Hemingway's 1917, § 6826; 1930, § 6266; 1942, § 3295; Laws, 1956, ch. 405, § 1; Repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 258; Laws, 2007, ch. 570, § 1, eff. 9/10/2007 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).Amended by Laws, 2017, ch. 441, HB 467, 139, eff. 7/1/2017.