PART IV. 
ELECTION RESULTS



 



§12-41  Result of election.  (a)  The
person or persons receiving the greatest number of votes at the primary or
special primary as a candidate of a party for an office shall be the candidate
of the party at the following general or special general election but not more
candidates for a party than there are offices to be elected; provided that any
candidate for any county office who is the sole candidate for that office at
the primary or special primary election, or who would not be opposed in the
general or special general election by any candidate running on any other
ticket, nonpartisan or otherwise, and who is nominated at the primary or
special primary election shall, after the primary or special primary election,
be declared to be duly and legally elected to the office for which the person
was a candidate regardless of the number of votes received by that candidate.



(b)  Any nonpartisan candidate receiving at
least ten per cent of the total votes cast for the office for which the person
is a candidate at the primary or special primary, or a vote equal to the lowest
vote received by the partisan candidate who was nominated in the primary or
special primary, shall also be a candidate at the following election; provided
that when more nonpartisan candidates qualify for nomination than there are
offices to be voted for at the general or special general election, there shall
be certified as candidates for the following election those receiving the
highest number of votes, but not more candidates than are to be elected. [L
1970, c 26, pt of §2; am L 1973, c 217, §2(j); am L 1979, c 139, §10; am L
1983, c 34, §21]



 



Cross References



 



  Election contests, see chapter 11, pt XI.



 



Attorney General Opinions



 



  For nonpartisan candidate to qualify for placement on the
general election ballot, candidate must receive the quantum of vote prescribed,
and the provision relating to certification of the candidate with the highest
number of votes does not eliminate this requirement.  Att. Gen. Op. 78-3.



 



Case Notes



 



  Nonpartisan candidate's constitutional rights were not
violated.  881 F.2d 689.



  Distinction between partisan and nonpartisan candidates held
not in violation of equal protection.  60 H. 282, 588 P.2d 915.



  Requirement that nonpartisan candidate obtain ten per cent
upheld.  60 H. 282, 588 P.2d 915.