16-410. Cancellation of certain elections;
appointment to office; filling vacancies
A. Notwithstanding any other law, in any election that is to be held pursuant to
title 15, title 48 or section 16-822, if the total of the number of persons who file a
nomination petition for a candidate and the number of persons who file a nomination paper
for a write-in candidate as prescribed by chapter 3, articles 2 and 3 of this title is
less than or equal to the number of positions to be filled at the election for which the
nomination petition or nomination paper is filed, the county board of supervisors may
cancel the election no earlier than seventy-five days before the election and appoint the
person or persons who filed the nomination petition or nomination paper to fill the
position for the term of office for which the candidate was nominated by the qualified
electors.
B. A person who is appointed pursuant to subsection A of this section is fully
vested with the powers and duties of the office as if elected to that office.
C. If no nomination petitions for a candidate and no nomination papers for a
write-in candidate have been filed to fill the position for which the election was being
held, the position is deemed vacant and shall be filled in accordance with laws governing
the filling of those vacancies.
D. Canceled elections shall not appear on any ballot, but if a withdrawal or
disqualification of one or more candidates results in the cancellation of an election
after the ballots have been printed, the results of any vote for that office shall not be
canvassed.
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