Section 41-1202 - Vacancy in legislature; precinct committeemen; appointment; definitionA. If a vacancy occurs or exists in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has at least thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred, the following apply:1. The secretary of state shall immediately notify the state party chairman of the appropriate political party of the vacancy. Within three calendar days after notification of the vacancy by the secretary of state, the state party chairman of the appropriate political party or the chairman's designee shall give written notice of the meeting for selecting nominees to fill the vacancy to all elected precinct committeemen of the appropriate political party from precincts that are in the legislative district and that are in the county in which the vacancy occurred.2. The meeting prescribed by paragraph 1 of this subsection shall occur within five calendar days after the date of the written notice of the meeting for selecting nominees if the legislature is in session, the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending or within twenty-one calendar days after the date of notice of the vacancy from the secretary of state if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending.3. At the meeting for selecting nominees to fill the vacancy, those elected precinct committeemen shall nominate by a majority vote three qualified electors to fill the vacancy who meet the requirements for service in the legislature, who belong to the same political party and who reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.4. The meeting to select nominees to fill the vacancy is subject to title 38, chapter 3, article 3.1, and the state party chairman of the appropriate political party shall oversee the nominations. Fifty percent or more of the elected precinct committeemen of the district who are in the legislative district and from the county in which the vacancy occurred, or their proxies, meeting together constitutes a quorum for the purposes of this subsection. A precinct committeeman may choose to allow the use of a proxy that:(a) Is given by the precinct committeeman to another elected precinct committeeman for the legislative district in which the vacancy occurred for use at the meeting to fill the vacancy.(b) Only is valid for the length of the meeting for which it was given.(c) Is attested by a notary public or two witnesses.5. The state party chairman of the appropriate political party shall immediately forward the names of the three persons named pursuant to paragraph 3 of this subsection to the board of supervisors of the county of residence of the person elected or appointed to the office immediately before the vacancy occurred. The board of supervisors shall appoint a person to fill the vacancy from the three nominees submitted. If the legislature is in session, the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending, the board of supervisors shall make the appointment within ten calendar days after receiving the names and if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending, the board of supervisors shall make the appointment within twenty-one calendar days after receiving the names. If the board of supervisors fails to fill the vacancy from the three nominees within the time prescribed by this paragraph, the state party chairperson shall appoint from among the three nominees submitted to the county board of supervisors a person to fill the vacancy within three calendar days after the time for the board of supervisors to fill the vacancy has elapsed.6. If the elected precinct committeemen of the appropriate political party fail to nominate by a majority vote three qualified electors to fill the vacancy at the meeting to select nominees as prescribed by paragraph 3 of this subsection, the state party chairman shall immediately notify the board of supervisors of the appropriate county and the board of supervisors shall fill the vacancy as provided in subsection B of this section. The time frame for appointing a citizens panel shall run from receipt of notification from the state party chairman.B. If a vacancy occurs in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has fewer than thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred or if the vacant seat was not represented by a political party that is organized pursuant to title 16, chapter 5, article 2, the following apply: 1. The secretary of state shall immediately notify the board of supervisors of the county of residence of the person elected to or appointed to the office immediately before the vacancy of the vacancy.2. Within seven calendar days after notification of the vacancy by the secretary of state, the board of supervisors shall appoint a citizens panel to submit to the board the names of three qualified electors to fill the vacancy who meet the requirements for service in the legislature and who belong to the same political party and reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy. If the person elected to or appointed to the office immediately before the vacancy was not registered with a political party that is organized pursuant to title 16, chapter 5, article 2, the qualified electors shall be qualified electors who are not registered with a political party that is organized pursuant to title 16, chapter 5, article 2.3. The meeting of the citizens panel prescribed by paragraph 2 of this subsection shall occur within five calendar days after the citizens panel is appointed by the board of supervisors if the legislature is in session, the governor has called a special session or the chair of the board has been notified that a special session is pending, or within twenty-one calendar days after the citizens panel is appointed if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending.4. The board of supervisors, by a majority vote of the board, shall appoint one person from the list of names submitted by the citizens panel to fill the vacancy. If the legislature is in session, if the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending, the board of supervisors shall make the appointment within ten calendar days after receiving the names and if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending, the board of supervisors shall make the appointment within twenty-one calendar days after receiving the names. If the board of supervisors fails to fill the vacancy from the three nominees within the time prescribed, the state party chairman shall appoint a person to fill the vacancy from the three nominees submitted and shall make that appointment within three calendar days after the time for the board of supervisors to fill the vacancy has elapsed.C. If any person who is nominated pursuant to subsection A or B of this section withdraws from consideration, the state party chairman of the appropriate political party shall immediately nominate an alternative qualified elector to fill the vacancy who meets the requirements for service in the legislature, who belongs to the same political party and who resides at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.D. For the purposes of this section, "appropriate political party" means the same political party of which the person who was elected to or appointed to the office was a member immediately before the vacancy occurred except that if the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.Amended by L. 2024, ch. 174,s. 1, eff. 9/14/2024.Amended by L. 2018, ch. 91,s. 1, eff. 8/3/2018.