§11-117  Withdrawal of candidates;disqualification; death; notice.  (a)  Any candidate may withdraw not laterthan 4:30 p.m. on the day immediately following the close of filing for anyreason and may withdraw after the close of filing up to 4:30 p.m. on thetwentieth day prior to an election for reasons of ill health.  When a candidatewithdraws for ill health, the candidate shall give notice in writing to thechief election officer if the candidate was seeking a congressional or stateoffice, or the candidate shall give notice in writing to the county clerk ifthe candidate was seeking a county office.  The notice shall be accompanied bya statement from a licensed physician or physician assistant indicating thatsuch ill health may endanger the candidate's life.

(b)  On receipt of the notice of death,withdrawal, or upon determination of disqualification, the chief electionofficer or the clerk shall inform the chairperson of the political party ofwhich the person deceased, withdrawing, or disqualified was a candidate.  Whena candidate dies, withdraws, or is disqualified after the close of filing andthe ballots have been printed, the chief election officer or the clerk mayorder the candidate's name stricken from the ballot or order that a notice of thedeath, withdrawal, or disqualification be prominently posted at the appropriatepolling places on election day.

(c)  In no case shall the filing fee berefunded after filing. [L 1970, c 26, pt of §2; am L 1972, c 77, §5; am L 1973,c 217, §1(ii); am L 1983, c 34, §15; am L 1990, c 7, §2; am L 2009, c 151, §3]

 

Cross References

 

  Convicted persons, see chapter 831.

 

Attorney General Opinions

 

  After twenty-four hours after the close of filing, acandidate is not entitled to withdraw and to have name dropped from theballot.  Att. Gen. Op. 70-23.