§11-118  Vacancies; new candidates;insertion of names on ballots.  (a)  In case of death, withdrawal, ordisqualification of any party candidate after filing, the vacancy so caused maybe filled by the party.  The party shall be notified by the chief electionofficer or the clerk in the case of a county office immediately after thedeath, withdrawal, or disqualification.

(b)  If the party fills the vacancy, and sonotifies the chief election officer or clerk not later than 4:30 p.m. on thethird day after the vacancy occurs, but not later than 4:30 p.m. on thefiftieth day prior to a primary or special primary election or not later than4:30 p.m. on the fortieth day prior to a special, general, or special generalelection, the name of the replacement shall be printed in an available andappropriate place on the ballot, not necessarily in alphabetical order;provided that the replacement candidate fills out an application for nominationpapers and signs the proper certifications on the nomination paper and takeseither an oath or affirmation as provided by law.  If the party fails to fillthe vacancy pursuant to this subsection, no candidate's name shall be printedon the ballot for the party for that race.

(c)  If the ballots have been printed and it isnot reasonably possible to insert an alternate's name, the chief electionofficer shall issue a proclamation informing the public that the votes cast forthe vacating candidate shall be counted and the results interpreted as follows:

(1)  In a primary or special primary election:

(A)  In partisan races, if, but for candidate'svacancy, the vacating candidate would have been nominated pursuant to section12-41(a), a vacancy shall exist in the party's nomination, to be filled inaccordance with subsection (b).

(B)  In nonpartisan races, if, but for thecandidate's vacancy, the vacating candidate would have qualified as a candidatefor the general or special general election ballot pursuant to section12-41(b), the nonpartisan candidate who received the next highest number ofvotes shall be placed on the ballot provided that the candidate also meets therequirements of section 12-41(b).

(2)  In a special, general, or special generalelection, if, but for the candidate's vacancy, the vacating candidate wouldhave been elected, a vacancy shall exist in the office for which the race inquestion was being held, to be filled in the manner provided by law forvacancies in office arising from the failure of an elected official to servethe official's full term because of death, withdrawal, or removal.

(3)  In any other case where, but for the candidate'svacancy, the vacating candidate would have been deemed elected, a vacancy shallexist in the office for which the candidate has filed, to be filled in themanner provided by law for vacancies in office arising from the failure of anelected official to serve the official's full term in office because of death,withdrawal, or removal.

(d)  The parties shall adopt rules to complywith this provision, and those rules shall be submitted to the chief electionofficer.

(e)  The chief election officer or county clerkin county elections may waive any or all of the foregoing requirements inspecial circumstances as provided in the rules adopted by the chief electionofficer. [L 1970, c 26, pt of §2; am L 1973, c 217, §1(jj); am L 1980, c 247,§1; am L 1983, c 34, §16; am L 1986, c 305, §1; am L 1990, c 7, §3; am L 2000,c 124, §1]