§17-3  State senator.  (a)  Whenever any vacancy in the membership of the state senate occurs, theterm of which ends at the next succeeding general election:

(1)  The governor shall make an appointment withinsixty calendar days following the first day of vacancy to fill the vacancy forthe unexpired term by selecting a person from a list of three prospectiveappointees submitted by the same political party as the prior incumbent.  Theappointee shall be at the time of appointment, and for at least six monthsimmediately prior to the appointment, a member of the political party.  Theappointee shall, at the time of appointment, be a resident of the same senatedistrict as the prior incumbent.  The political party shall submit the list ofprospective appointees to the governor within thirty calendar days followingthe first day of vacancy; and

(2)  If the prior incumbent was not a member of anypolitical party, the governor shall, within sixty calendar days following thefirst day of vacancy, appoint a person who is at the time of appointment aresident of the same senate district as the prior incumbent and who is not, andhas not been for at least six months prior to the appointment, a member of anypolitical party.

(b)  In the case of a vacancy, the term ofwhich does not end at the next succeeding general election:

(1)  If it occurs not later than on the tenth dayprior to the close of filing for the next succeeding primary election, thevacancy shall be filled for the unexpired term at the next succeeding generalelection.  The chief election officer shall issue a proclamation designatingthe election for filling the vacancy.  All candidates for the unexpired termshall be nominated and elected in accordance with this title.  Pending theelection, the governor shall make a temporary appointment to fill the vacancy,and the person so appointed shall serve until the election of the person dulyelected to fill the vacancy.  The governor shall make the appointment from alist of three prospective appointees submitted by the same political party asthe prior incumbent.  The appointee shall be, at the time of the appointment,and shall have been, for at least six months immediately prior to theappointment, a member of the political party.  The appointee shall, at the timeof appointment, be a resident of the same senate district as the priorincumbent.  If the prior incumbent was not a member of any political party, thegovernor shall appoint a person who is at the time of appointment a resident ofthe same senate district as the prior incumbent and is not and has not been,for at least six months immediately prior to the appointment, a member of anypolitical party;

(2)  If it occurs later than on the tenth day prior tothe close of filing for the next succeeding primary election but not later thanon the sixtieth day prior to the next succeeding primary election, or if thereare no qualified candidates for any party or nonpartisan candidates qualifiedfor the primary election ballot, nominations for the unexpired term may befiled not later than 4:30 p.m. on the fiftieth day prior to the next succeedingprimary election.  The chief election officer shall issue a proclamationdesignating the election for filling the vacancy.  Pending the election thegovernor shall make a temporary appointment to fill the vacancy and the personappointed shall serve until the election of the person duly elected to fill thevacancy.  The governor shall make the appointment from a list of threeprospective appointees submitted by the same political party as the priorincumbent.  The appointee shall be, at the time of the appointment, and shallhave been, for at least six months immediately prior to the appointment, amember of the political party.  The appointee shall, at the time of appointment,be a resident of the same senate district as the prior incumbent.  If the priorincumbent was not a member of any political party, the governor shall appoint aperson who is at the time of appointment a resident of the same senate districtas the prior incumbent and is not and has not been, for at least six monthsimmediately prior to the appointment, a member of any political party;

(3)  If it occurs after the sixtieth day prior to thenext succeeding primary but not later than on the fiftieth day prior to thenext succeeding general election, or if there are no qualified candidates forany party or nonpartisan candidates in the primary, the vacancy shall be filledfor the unexpired term at the next succeeding general election.  The chief electionofficer shall issue a proclamation designating the election for filling thevacancy.  Party candidates for the unexpired senate term shall be nominated bythe county committees of the parties not later than 4:30 p.m. on the fortiethday prior to the general election; nonpartisan candidates may file nominationpapers for the unexpired term not later than 4:30 p.m. on the fortieth dayprior to the general election with the nonpartisan candidate who is to benominated to be decided by lot, under the supervision of the chief electionofficer.  The candidates for the unexpired term shall be elected in accordancewith this title.  Pending the election, the governor shall make a temporaryappointment to fill the vacancy, and the person appointed shall serve until theelection of the person duly elected to fill the vacancy.  The governor shallmake the appointment from a list of three prospective appointees submitted bythe same political party as the prior incumbent.  The appointee shall be, atthe time of the appointment, and shall have been, for at least six monthsimmediately prior to the appointment, a member of the political party.  Theappointee shall, at the time of appointment, be a resident of the same senatedistrict as the prior incumbent.  If the prior incumbent was not a member ofany political party, the governor shall appoint a person who is at the time ofappointment a resident of the same senate district as the prior incumbent andis not and has not been, for at least six months immediately prior to theappointment, a member of any political party;

(4)  If it occurs after the fiftieth day prior to thenext succeeding general election or if no candidates are nominated, thegovernor shall make an appointment to fill the vacancy for the unexpired term byselecting a person from a list of three prospective appointees submitted by thesame political party as the prior incumbent.  The appointee shall be, at thetime of the appointment, and shall have been, for at least six monthsimmediately prior to the appointment, a member of the political party.  Theappointee shall, at the time of appointment, be a resident of the same senatedistrict as the prior incumbent.  If the prior incumbent was not a member ofany political party, the governor shall appoint a person who is at the time ofappointment a resident of the same senate district as the prior incumbent andis not and has not been, for at least six months immediately prior to theappointment, a member of any political party. [L 1970, c 26, pt of §2; am L 1973,c 217, §7(c); am L 1980, c 247, §2; gen ch 1985; am L 1990, c 35, §2; am L1992, c 276, §1; am L 2007, c 57, §3]

 

Case Notes

 

  Does not apply to vacancy in senate resulting from death ofcandidate.  52 H. 410, 477 P.2d 625.