43.78 FILLING BALLOT VACANCIES.
1. A vacancy on the general election ballot may be filled by the
political party in whose ticket the vacancy exists, as follows:
a. For senator in the Congress of the United States or any
office listed in section 39.9, by the party's state convention, which
may be reconvened by the state party chairperson if the vacancy
occurs after the convention has been held or too late to be filled at
the time it is held. However, a vacancy so occurring with respect to
the offices of secretary of state, auditor of state, treasurer of
state or secretary of agriculture may be filled by the party's state
central committee in lieu of reconvening the state convention.
b. For representative in the Congress of the United States,
by the party's congressional district convention, which may be
convened or reconvened as appropriate by the state party chairperson.
c. For senator or representative in the general assembly, by
the party precinct committee members whose precincts lie within the
senatorial or representative district involved, who shall be convened
or reconvened as appropriate by the state party chairperson. The
party's state constitution or bylaws may allow the voting strength of
each precinct represented at such a convention to be made
proportionate to the vote cast for the party's candidate for the
office in question in the respective precincts at the last general
election for that office.
d. For any office to be filled by the voters of an entire
county, by the party's county convention, which may be reconvened by
the county party chairperson if the vacancy occurs after the
convention has been held or too late to be filled at the time it is
held.
e. For the office of county supervisor elected by the voters
of a district within the county, by the delegates to the party's
county convention who represent the precincts lying within that
district, who shall be convened or reconvened as appropriate by the
county party chairperson.
f. For any other partisan office filled by the voters of a
subdivision of a county, by those members of the party's county
central committee who represent the precincts lying within that
district, who shall be convened or reconvened as appropriate by the
county party chairperson. However, this paragraph shall not apply to
partisan city offices in special charter cities for which candidates
are nominated under this chapter, but such ballot vacancies shall be
filled as provided by section 43.116.
2. The name of any candidate designated to fill a vacancy on the
general election ballot in accordance with subsection 1, paragraph
"a", "b", or "c" shall be submitted in writing to the
state commissioner not later than five o'clock p.m. on the
eighty-first day before the date of the general election.
3. The name of any candidate designated to fill a vacancy on the
general election ballot in accordance with subsection 1, paragraph
"d", "e", or "f" shall be submitted in writing to the
commissioner not later than five o'clock p.m. on the sixty-ninth day
before the date of the general election.
4. Political party candidates for a vacant seat in the United
States house of representatives, the board of supervisors, the
elected county offices, or the general assembly which is to be filled
at a special election called pursuant to section 69.14 or 69.14A
shall be nominated in the manner provided by subsection 1 of this
section for filling a vacancy on the general election ballot for the
same office. The name of a candidate so nominated shall be submitted
in writing to the appropriate commissioner, as required by section
43.88, at the earliest practicable time.
43.78 FILLING BALLOT VACANCIES.
1. A vacancy on the general election ballot may be filled by the
political party in whose ticket the vacancy exists, as follows:
a. For senator in the Congress of the United States or any
office listed in section 39.9, by the party's state convention, which
may be reconvened by the state party chairperson if the vacancy
occurs after the convention has been held or too late to be filled at
the time it is held. However, a vacancy so occurring with respect to
the offices of secretary of state, auditor of state, treasurer of
state or secretary of agriculture may be filled by the party's state
central committee in lieu of reconvening the state convention.
b. For representative in the Congress of the United States,
by the party's congressional district convention, which may be
convened or reconvened as appropriate by the state party chairperson.
c. For senator or representative in the general assembly, by
the party precinct committee members whose precincts lie within the
senatorial or representative district involved, who shall be convened
or reconvened as appropriate by the state party chairperson. The
party's state constitution or bylaws may allow the voting strength of
each precinct represented at such a convention to be made
proportionate to the vote cast for the party's candidate for the
office in question in the respective precincts at the last general
election for that office.
d. For any office to be filled by the voters of an entire
county, by the party's county convention, which may be reconvened by
the county party chairperson if the vacancy occurs after the
convention has been held or too late to be filled at the time it is
held.
e. For the office of county supervisor elected by the voters
of a district within the county, by the delegates to the party's
county convention who represent the precincts lying within that
district, who shall be convened or reconvened as appropriate by the
county party chairperson.
f. For any other partisan office filled by the voters of a
subdivision of a county, by those members of the party's county
central committee who represent the precincts lying within that
district, who shall be convened or reconvened as appropriate by the
county party chairperson. However, this paragraph shall not apply to
partisan city offices in special charter cities for which candidates
are nominated under this chapter, but such ballot vacancies shall be
filled as provided by section 43.116.
2. The name of any candidate designated to fill a vacancy on the
general election ballot in accordance with subsection 1, paragraph
"a", "b", or "c" shall be submitted in writing to the
state commissioner not later than five o'clock p.m. on the
eighty-first day before the date of the general election.
3. The name of any candidate designated to fill a vacancy on the
general election ballot in accordance with subsection 1, paragraph
"d", "e", or "f" shall be submitted in writing to the
commissioner not later than five o'clock p.m. on the sixty-ninth day
before the date of the general election.
4. Political party candidates for a vacant seat in the United
States house of representatives, the board of supervisors, the
elected county offices, or the general assembly which is to be filled
at a special election called pursuant to section 69.14 or 69.14A
shall be nominated in the manner provided by subsection 1 of this
section for filling a vacancy on the general election ballot for the
same office. The name of a candidate so nominated shall be submitted
in writing to the appropriate commissioner, as required by section
43.88, at the earliest practicable time.
43.78 FILLING BALLOT VACANCIES.
1. A vacancy on the general election ballot may be filled by the
political party in whose ticket the vacancy exists, as follows:
a. For senator in the Congress of the United States or any
office listed in section 39.9, by the party's state convention, which
may be reconvened by the state party chairperson if the vacancy
occurs after the convention has been held or too late to be filled at
the time it is held. However, a vacancy so occurring with respect to
the offices of secretary of state, auditor of state, treasurer of
state or secretary of agriculture may be filled by the party's state
central committee in lieu of reconvening the state convention.
b. For representative in the Congress of the United States,
by the party's congressional district convention, which may be
convened or reconvened as appropriate by the state party chairperson.
c. For senator or representative in the general assembly, by
the party precinct committee members whose precincts lie within the
senatorial or representative district involved, who shall be convened
or reconvened as appropriate by the state party chairperson. The
party's state constitution or bylaws may allow the voting strength of
each precinct represented at such a convention to be made
proportionate to the vote cast for the party's candidate for the
office in question in the respective precincts at the last general
election for that office.
d. For any office to be filled by the voters of an entire
county, by the party's county convention, which may be reconvened by
the county party chairperson if the vacancy occurs after the
convention has been held or too late to be filled at the time it is
held.
e. For the office of county supervisor elected by the voters
of a district within the county, by the delegates to the party's
county convention who represent the precincts lying within that
district, who shall be convened or reconvened as appropriate by the
county party chairperson.
f. For any other partisan office filled by the voters of a
subdivision of a county, by those members of the party's county
central committee who represent the precincts lying within that
district, who shall be convened or reconvened as appropriate by the
county party chairperson. However, this paragraph shall not apply to
partisan city offices in special charter cities for which candidates
are nominated under this chapter, but such ballot vacancies shall be
filled as provided by section 43.116.
2. The name of any candidate designated to fill a vacancy on the
general election ballot in accordance with subsection 1, paragraph
"a", "b", or "c" shall be submitted in writing to the
state commissioner not later than five o'clock p.m. on the
eighty-first day before the date of the general election.
3. The name of any candidate designated to fill a vacancy on the
general election ballot in accordance with subsection 1, paragraph
"d", "e", or "f" shall be submitted in writing to the
commissioner not later than five o'clock p.m. on the sixty-ninth day
before the date of the general election.
4. Political party candidates for a vacant seat in the United
States house of representatives, the board of supervisors, the
elected county offices, or the general assembly which is to be filled
at a special election called pursuant to section 69.14 or 69.14A
shall be nominated in the manner provided by subsection 1 of this
section for filling a vacancy on the general election ballot for the
same office. The name of a candidate so nominated shall be submitted
in writing to the appropriate commissioner, as required by section
43.88, at the earliest practicable time.
