PART IV. ELECTION RESULTS

 

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

(b)  Any nonpartisan candidate receiving atleast ten per cent of the total votes cast for the office for which the personis a candidate at the primary or special primary, or a vote equal to the lowestvote received by the partisan candidate who was nominated in the primary orspecial primary, shall also be a candidate at the following election; providedthat when more nonpartisan candidates qualify for nomination than there areoffices to be voted for at the general or special general election, there shallbe certified as candidates for the following election those receiving thehighest number of votes, but not more candidates than are to be elected. [L1970, c 26, pt of §2; am L 1973, c 217, §2(j); am L 1979, c 139, §10; am L1983, c 34, §21]

 

Cross References

 

  Election contests, see chapter 11, pt XI.

 

Attorney General Opinions

 

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

 

Case Notes

 

  Nonpartisan candidate's constitutional rights were notviolated.  881 F.2d 689.

  Distinction between partisan and nonpartisan candidates heldnot in violation of equal protection.  60 H. 282, 588 P.2d 915.

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