16-343

16-343. Filling vacancy caused by death or
incapacity or withdrawal of candidate

A. A vacancy occurring due to death, mental incapacity or voluntary withdrawal of a
candidate after the close of petition filing but prior to a primary or general election
shall be filled by the political party with which the candidate was affiliated as
follows:

1. In the case of a United States senator or statewide candidate, the state
executive committee of the candidate's political party shall nominate a candidate of the
party's choice and shall file a nomination paper and affidavit complying with the
requirements for candidates as stated in section 16-311 in order to fill the vacancy.

2. In the case of a vacancy for the office of United States representative or the
legislature, the party precinct committeemen of that congressional or legislative
district shall nominate a candidate of the party's choice and shall file a nomination
paper and affidavit complying with the requirements of section 16-311.

3. In the case of a vacancy for a county or precinct office, the party county
committee of counties with a population of less than two hundred fifty thousand persons
according to the most recent United States decennial census and, in counties with a
population of two hundred fifty thousand persons or more according to the most recent
United States decennial census the county officers of the party together with the
chairman of the party precinct committeemen in each legislative district of the county,
shall nominate a candidate of the party's choice and shall file a nomination paper and
affidavit complying with the requirements of section 16-311 to fill such vacancy.

B. The nomination paper and affidavit required in subsection A of this section
shall be filed with the office with which nomination petitions were to be filed at any
time before the official ballots are printed.

C. Any meetings for the purpose of filing a nomination paper and affidavit provided
for in this section shall be called by the chairman of such committee or legislative
district, except that in the case of multicounty legislative or congressional districts
the party county chairman of the county having the largest geographic area within such
district shall call such meeting. The chairman or in his absence the vice-chairman
calling such meeting shall preside. The call to such meeting shall be mailed or given in
person to each person entitled to participate therein no later than one day prior to such
meeting. A majority of those present and voting shall be required to fill a vacancy
pursuant to this section.

D. A vacancy which occurs following the printing of official ballots shall not be
filled in accordance with this section, however, prospective candidates shall comply with
the provisions of section 16-312. A candidate running as a write-in candidate under this
subsection shall file the nomination paper no later than 5:00 p.m. on the fifth day
before the election.

E. Candidates nominated pursuant to subsection A of this section or a candidate
running as a write-in candidate under subsection D of this section may be a candidate who
ran in the immediately preceding primary election for the office and failed to be
nominated.

F. If a vacancy occurs as described in subsection A of this section for a state
office, the secretary of state shall notify the various boards of supervisors as to the
vacancy. The boards of supervisors shall notify the inspectors of the various precinct
election boards in the county, district or precinct where a vacancy occurs. In the case
of a city or town election, the city or town clerk shall notify the appropriate
inspectors.

G. The inspectors shall post the notice of vacancy in the same manner as posting
official write-in candidates. In the case of a withdrawal of a candidate that occurs
after the printing of official ballots, the inspectors shall post the notice of
withdrawal in a conspicuous location in each polling place.