16-222

16-222. Vacancy in the office of United States
senator or representative

A. When a vacancy occurs in the office of United States senator or representative
in Congress by reason of death or resignation, or from any other cause, the vacancy shall
be filled at the next general election. At such election the person elected shall fill
the unexpired term of the vacated office.

B. For a vacancy in the office of representative in Congress, if the next general
election is not to be held within six months from the date of the occurrence of the
vacancy, the governor shall call a special primary election and a special general
election to fill the vacancy. The governor shall call the special primary election and
establish its date within seventy-two hours after the office is officially declared
vacant. Notwithstanding sections 16-313, 16-351 and 16-542, for a candidate for office at
an election held pursuant to this subsection, the following apply:

1. The special primary election shall be held no less than eighty nor more than
ninety days after the occurrence of the vacancy, and the special general election shall
be held not less than fifty nor more than sixty days after the special primary election.

2. Nomination papers and nomination petitions shall be filed no later than thirty
days after the date of the proclamation calling the election.

3. Any court action challenging the nomination of a candidate shall be filed no
later than 5:00 p.m. on the fifth business day after the last day for filing nomination
papers and petitions.

4. The superior court shall hear and render a decision within five days after the
filing of the action.

5. Beginning fifteen days before the date of the election, the county recorder or
other officer in charge of elections shall mail early ballots within forty-eight hours
after receipt of a complete and correct early ballot request from persons qualified to
vote.

C. For a vacancy in the office of United States senator, the governor shall appoint
a person to fill the vacancy. That appointee shall be of the same political party as the
person vacating the office and shall serve until the person elected at the next general
election is qualified and assumes office.

D. For a vacancy in the office of representative in Congress that occurs
simultaneously with at least one hundred additional vacancies in the office of
representative in Congress as prescribed by 2 United States Code section 8, a special
general election to fill the vacancy in this state shall be held no more than forty-nine
days after the declaration of the vacancy unless a regularly scheduled general election
or previously scheduled special general election is held within seventy-five days after
the declaration of the vacancy.