Chapter 25: Elections

Article 3: Independent And Other Nomination Certificates; Terms Of Office; Filling Vacancies

Statute 25-321: Vacancy in state senate and house of representatives; tenure of office of person appointed to fill vacancy. A person appointed to the office of state representative under the provisions of this act may hold the office for the remainder of the term. Any person appointed to the office of senator under the provisions of this act may hold the office: (a) If the vacancy occurs prior to October 15 of the second year of the term, until the next general election, when a senator shall be elected to fill the term; or (b) if such vacancy occurs after October 14 of the second year of the term, for the remainder of the term. In cases where the appointment of a senator is until the next general election, nominations for senator to be elected at such general election shall be made as follows: (1) If the vacancy occurs prior to June 1 of the second year of the term, candidates for the office shall be nominated at the primary in like manner as regular nominations for state senator are made; and (2) if the vacancy occurs on or after June 1 and prior to October 15 of the second year of the term, candidates for the office shall be nominated by the senatorial district party committee of any party having a state and national organization.

      History:   L. 1947, ch. 246, § 3; Feb. 28.