16-230. Vacancy in certain state or county
offices; election


A. Notwithstanding any other statute and except as prescribed by subsection C of
this section, for state and county offices that provide for a four-year term of office,
the following applies if there is a vacancy in office due to death, disability,
resignation or any other cause:


1. If a state office becomes vacant, the governor shall appoint a person of the
same political party as the person vacating the office to fill the portion of the term
until the next regular general election. If the vacancy occurs within the first two
years of the term, and before the date on which a nomination paper is required to be
filed as prescribed by section 16-311, a primary election shall be held as otherwise
provided by law to determine candidates to fill the unexpired term. At the next regular
general election, the person elected shall fill the remainder of the unexpired term of
the vacant office.


2. If a county office becomes vacant, the board of supervisors shall appoint a
person of the same political party as the person vacating the office to fill the portion
of the term until the next regular general election. If the vacancy occurs within the
first two years of the term, and before the date on which a nomination paper is required
to be filed as prescribed by section 16-311, a primary election shall be held as
otherwise provided by law to determine candidates to fill the unexpired term. At the
next regular general election, the person elected shall fill the remainder of the
unexpired term of the vacant office.


B. A person who is elected to fill the remainder of an unexpired term of a vacant
office pursuant to subsection A of this section may take the oath of office and begin the
remainder of the term of office at any time within ninety days after the canvass of the
election. A person who is appointed pursuant to subsection A of this section shall remain
in office until the person elected pursuant to this subsection takes the oath of office.


C. This section does not apply to the office of governor.